2001-2 Regulatory Agenda (Rules) - Department of Inland Fisheries and Wildlife - State of Maine

AGENCY CONTACT: Andrea Erskine, Department of Inland Fisheries & Wildlife, Commissioner's Office, #41 State House Station, 284 State Street, Augusta, ME 04333-0041; telephone: 287-5201.

INTENT: It is the intent of the Department of Inland Fisheries and Wildlife to adopt and amend reasonable regulations as necessary to ensure that all species of inland fish and wildlife are perpetuated to be used now and for the foreseeable future; and also to repeal regulations that are deemed no longer necessary for the protection, enhancement and continued use of these resources.

STATUTORY AUTHORITY: 12 MRSA, Section 7035, subsection 1 states: "The Commissioner may, with the advice and consent of the Advisory Council and in conformity with the Administrative Procedure Act, Title 5, Part 18, and except as otherwise provided, adopt, amend and repeal reasonable regulations, including emergency regulations, necessary for the proper administration, implementation, enforcement and interpretation of any provision of the law that he is charged with the duty of administering." The provisions of the law that he is charged with the duty of administering are 12 MRSA Chapters 701 to 721.

PURPOSE OF THE REGULATIONS: The purpose of any proposed regulation regarding fish and wildlife is to provide for the fullest level of use of the resource without adversely affecting species distribution and abundance. In order to have an organized and systematic way of accomplishing this goal, Species Management Plans were developed, and updated at five-year intervals, for all major fish and wildlife species or species groups. All proposed regulation changes will be based on the adopted goals and objectives for a particular species or species group. Species management goals and objectives are developed with input from representatives of the public from various geographic areas of the state, biological staff and members of Warden Service, and are presented to the Commissioner and his Advisory Council for adoption. Regulations regarding recreational vehicle use are adopted to provide for the use, to the fullest extent possible, of such vehicles (watercraft, airmobiles, snowmobiles and all-terrain vehicles), without adversely affecting the resource and the safety and welfare of persons and property; and administrative regulations are promulgated for the purpose of setting forth reasonable criteria for the proper licensing, registering and tagging, and training requirements specified by law for the safety and welfare of the resource and citizens of the State.

General public - residents and non-residents
The hunting, fishing, and trapping public
Sporting camp operators and others offering meals and lodging
Sportsmen's organizations
The boating and recreational vehicle owners and dealers
Private property owners
Commercial forest landowners

CHAPTER 4 -- GENERAL HUNTING/TRAPPING REGULATIONS: As needed throughout the year.

CHAPTER 4.02 -- MIGRATORY BIRD:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7456
PURPOSE: Regulations regarding migratory game birds are governed by the United States Federal Migratory Bird Treaty Act, Public Law, July 3, 1918, Chapter 128, as amended or by regulations promulgated by the Commissioner in conformity with the Maine Administrative Procedure Act, Title 5, Part 18, except section 8052, subsection 3 of that Act (waives the requirement of a 10-day comment period after hearing). The Commissioner may adopt regulations which are more restrictive, but not less restrictive, than those set forth in the Federal Guidelines.

EARLY SEASON (woodcock, sea ducks, etc.) - July
LATE SEASON (ducks, geese, etc.) - August
OTHER RESTRICTIONS (steel shot, etc.) - May or June

CHAPTER 4.01 -- FURBEARING ANIMALS (EXCEPT BEAVER)
STATUTORY AUTHORITY: 12 MRSA Section 7035
PURPOSE: To establish season dates, limits, methods, etc. - March - July if necessary.

CHAPTER 4.01 -- BEAVER TRAPPING:
STATUTORY AUTHORITY: 12 MRSA Section 7035
PURPOSE: To establish season dates and open and closed areas - September.

CHAPTER 4.01 -- UPLAND GAME AND FURBEARING ANIMALS:
STATUTORY AUTHORITY: 12 MRSA Section 7035
PURPOSE: To establish season dates and open and closed areas - March - July if necessary.

CHAPTER 4.06 -- TURKEY HUNTING:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7468
PURPOSE: To establish season dates, permit numbers, areas, restrictions, etc. - October.

CHAPTER 4.05 -- MOOSE HUNTING:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7463-A
PURPOSE: To establish season dates, areas, restrictions, permit numbers, etc. - December.

CHAPTER 4.03 -- DEER HUNTING:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7457
PURPOSE: To establish season dates and open and closed areas Season dates - December; Antlerless deer protection zones, etc.
ANTICIPATED SCHEDULE: March-May.

CHAPTER 4.04 -- BEAR HUNTING/TRAPPING REGULATIONS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7451
PURPOSE: To establish season dates, restrictions
ANTICIPATED SCHEDULE: January.

CHAPTER 4.08 -- FALCONRY REGULATIONS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7456
PURPOSE: To establish license requirements, classifications, facility and equipment standards, taking restrictions, marking restrictions, etc.
ANTICIPATED SCHEDULE: October/November.

CHAPTER 4.10 -- SNAPPING TURTLES
STATUTORY AUTHORITY: 12 MRSA Section 7470
PURPOSE: Establish fees; season dates and daily/possession/size limits; reporting requirements; harvest methods, confinement and disposal.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 4.11 -- REGISTRATION AND TAGGING OF BIG GAME AND FURBEARING ANIMALS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035,
PURPOSE: Establishment and operation standards for big game registration agents and fur tagging agents.
ANTICIPATED SCHEDULE: July.

CHAPTER 25 -- LEASHED TRACKING DOG LICENSE RULES:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7101
PURPOSE: Eligibility, testing, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 6 -- SCIENTIFIC COLLECTION OF FISH AND/OR WILDLIFE:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7242
PURPOSE: To establish an application process for permitting the collection of fish and or wildlife for scientific purposes as well as reporting requirements, restrictions, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 4.12 -- FIELD TRIALS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7861, 7862
PURPOSE: Establish notification requirements for conducting raccoon dog field trials, restrictions and penalties.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 7 -- RULES PERTAINING TO WILD ANIMALS IN CAPTIVITY:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7235-C, 7237, 7239, PURPOSE: To ensure that all wildlife possessed under the following permits receive human treatment and property husbandry and security and to safeguard the interests of the wildlife and citizens of the State.

Wildlife Exhibit Regulations: Food and water requirements; health conditions, safety, comfort, sanitation, etc.
Propagator's permit: Possession, care and use.
Wildlife Rehabilitation: Food and shelter requirements, disposition of rehabilitated animals, inspections, etc.
Wildlife Importation: Permitting standards, criteria, application process.
General Possession

ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 18 -- STATE GAME FARM (MAINE WILDLIFE PARK):
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7653, 7735
PURPOSE: Establish restrictions on the use of the area designated as "state game farm", also known as "The Wildlife Park".
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 20 -- TAXIDERMY:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7354
PURPOSE: Establish license classifications, eligibility, examinations and restrictions.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 21 -- HUNTING AND FISHING LICENSE AGENTS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7072
PURPOSE: Appointment of agents, application form and issuance, selection and operation standards, reporting requirements, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 12 -- ALL-TERRAIN VEHICLES:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7854
PURPOSE: Registration, safety, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 5 -- REGULATIONS PERTAINING TO THE USE OF WILDLIFE MANAGEMENT AREAS AND PUBLIC USE FACILITIES:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7653
PURPOSE: Establish regulations regarding hunting, fishing, trapping or other public uses of any wildlife management area or sanctuary.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 8 -- ENDANGERED/THREATENED SPECIES REGULATIONS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7753 7754
PURPOSE: Qualifications for consideration for listing species as endangered or threatened; review of listed species; designation of habitat as essential for those species designation criteria, protection guidelines, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 10 -- SIGNIFICANT HABITAT DESIGNATIONS:
STATUTORY AUTHORITY:12 MRSA Section 7035
PURPOSE: Definitions of significant wildlife habitat as described in Title 38
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 1 -- OPEN WATER AND ICE FISHING REGULATIONS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7552, 7571
PURPOSE: To provide for season dates, daily bag and possession limits, size limits, etc. for open water and ice fishing.
ANTICIPATED SCHEDULE: Fishing regulations are promulgated and published on an annual basis as follows.

Ice Fishing: Ice-In 2001 through March 31, 2003: Changes as necessary.
Open Water: 2002-2003 seasons: Changes as necessary.

CHAPTER 2 -- RULES PERTAINING TO FISHING DERBIES AND TOURNAMENTS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7154, 7155
PURPOSE: Establish application procedures, restrictions, and requirements for fishing derbies and tournaments.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 2 -- RULES PERTAINING TO FISHERY MANAGEMENT AND FISH CULTURE:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7153, 7771
PURPOSE: Designate waters for use in fish culture and scientific research; establish rules for the taking of alewives, eels, suckers and yellow perch and regulations pertaining to commercially grown or imported fish.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 13.08 -- WATERCRAFT REGULATIONS:
STATUTORY AUTHORITY: Horsepower limitations on various bodies of water are governed by 12 MRSA, Section 7792,
PURPOSE: Establish horsepower limitations to insure the safety of persons and property (may be adopted only as a result of a petition from 25 citizens or the municipal officers of the towns/county commissioners of unorganized townships in which the waters are located).
ANTICIPATED SCHEDULE: Considered throughout the year as petitions are received- effective date to coincide with publication of the open water fishing regulations, if possible.

CHAPTER 13 -- MISCELLANEOUS WATERCRAFT REGULATIONS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7792
PURPOSE: Establish, registration procedures; accident reporting requirements; safety equipment on motorboats and other watercraft; water-skiing restrictions and operation rules between watercraft on internal waters.
ANTICIPATED SCHEDULE: None contemplated - throughout the year as necessary.

CHAPTER 14 -- COMMERCIAL WHITEWATER RAFTING:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7366, 7367, 7369
PURPOSE: Establish regulations for whitewater personnel requirements; safety equipment requirements; craft specifications; allocations and order of launch.
ANTICIPATED SCHEDULE: March/April as necessary.

CHAPTER 9 -- GENERAL SNOWMOBILE REGULATIONS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7824
PURPOSE: Establish display requirements for registration numbers and stickers, and content of snowmobile registration.
ANTICIPATED SCHEDULE: September/October.

CHAPTER 23 -- CAMP TRIP LEADER REGULATIONS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7322
PURPOSE: Application procedures, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 24 -- GUIDE LICENSE REGULATIONS:
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7311
PURPOSE: Establish prerequisites for applicants to be examined for guide's licenses; establish classifications; examination process, standards of competency, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 19 -- OPERATION OF MOTOR VEHICLES ON PUBLIC WATER SUPPLY:
STATUTORY AUTHORITY: 12 MRSA Section 7035 and 22 MRSA Section 2649
PURPOSE: Restrict motor vehicles on the ice on public water supplies.
ANTICIPATED SCHEDULE: November.

CHAPTER 25 (09-585) -- MAINE OUTDOOR HERITAGE FUND BOARD:
STATUTORY AUTHORITY: 12 MRSA Section 7781
PURPOSE: Schedule for grants; strategic plan, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 1 -- ATLANTIC SALMON COMMISSION:
STATUTORY AUTHORITY: 12 MRSA Section 9902
PURPOSE: Establish regulation for fishing methods, bag limits, size limits, etc.: ANTICIPATED SCHEDULE: October-April.

MISCELLANEOUS REGULATIONS: Other regulations necessary for the proper administration, implementation, enforcement and interpretation of 12 MRSA, Chapters 701 to 721 - None contemplated at this time - Throughout the year as necessary.