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Home > Agendas > 2007-2008 > Department of Inland Fisheries and Wildlife

2007-2008 Regulatory Agendas

09
Department of Inland Fisheries and Wildlife


137: The Department
585: Maine Outdoor Heritage Fund Board


AGENCY UMBRELLA-UNIT NUMBER: 09-137
AGENCY NAME: Department of Inland Fisheries and Wildlife

AGENCY CONTACT: Andrea Erskine, Department of Inland Fisheries & Wildlife, Commissioner’s Office, #41 State House Station, 284 State Street, Augusta, ME 04333-0041; telephone: (207) 287-5201.

EMERGENCY RULES: As necessary.

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 §10104 sub-§1 states: “The Commissioner may, with the advice and consent of the Advisory Council and in conformity with the Administrative Procedures 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 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.” The provisions of the law that he is charged with the duty of administering are Title 12 MRSA Chapters 901 to 939.

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.

POTENTIALLY BENEFITED PARTIES:

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

EMERGENCY RULES ADOPTED SINCE LAST AGENDA: None.

EXPECTED 2006-2007 RULE-MAKING ACTIVITY:

CHAPTER 4: General Hunting/Trapping Regulations: As needed throughout the year.

CHAPTER 4.02: Migratory Bird
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 11855
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 §10104
PURPOSE: To establish season dates, limits, methods, etc. - March - July if necessary.

CHAPTER 4.01: Beaver Trapping
STATUTORY AUTHORITY: 12 MRSA Section 10104
PURPOSE: To establish season dates and open and closed areas - September.

CHAPTER 4.01: Upland Game And Furbearing Animals
STATUTORY AUTHORITY: 12 MRSA §10104
PURPOSE: To establish season dates and open and closed areas - March - July if necessary.

CHAPTER 4.06: Turkey Hunting
STATUTORY AUTHORITY: 12 MRSA Sections 10104, 11701
PURPOSE: To establish season dates, permit numbers, areas, restrictions, etc. - October.

CHAPTER 4.05: Moose Hunting
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 11552
PURPOSE: To establish season dates, areas, restrictions, permit numbers, etc. - December.

CHAPTER 4.03: Deer Hunting
STATUTORY AUTHORITY: 12 MRSA Sections 10104, 11401
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 §§ 10104, 11251, 12260
PURPOSE: To establish season dates, restrictions
ANTICIPATED SCHEDULE: January.

CHAPTER 4.08: Falconry Regulations
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 11159
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 §12159
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 §§ 10104, 12301
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 §10104
PURPOSE: Eligibility, testing, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 6: Scientific Collection of Fish and/or Wildlife
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 12704
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 §§ 10104, 12054, 12055
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 10104, 12152.
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 §10104
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 §§ 10104, 12952
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 §§ 10104, 10801
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 §§ 10104, 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 §§ 10104, 12701
PURPOSE: Establish regulations regarding hunting, fishing, trapping or other public uses of any wildlife management area, sanctuary, or department owned or maintained sites provided public access to inland or coastal waters.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 8: Endangered/Threatened Species Regulations
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 12802
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 §10104
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 §§ 10104, 12452
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 and Open Water: July - October (or as necessary).

CHAPTER 2: Rules Pertaining To Fishing Derbies And Tournaments
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 12504, 12505
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 §§ 10104, 12751, 12754
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 §13051 sub-§5
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 §§ 10104, 13051
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 §§ 10104, 12,909, 12910, 12913
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 §10104
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 §§ 10104, 12860
PURPOSE: Application procedures, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.

CHAPTER 24: Guide License Regulations
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 12851
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 §10104 and 22 MRSA §2649
PURPOSE: Restrict motor vehicles on the ice on public water supplies.
ANTICIPATED SCHEDULE: As petitioned.

MISCELLANEOUS REGULATIONS: Other regulations necessary for the proper administration, implementation, enforcement and interpretation of 12 MRSA Chapters 901 to 939 - None contemplated at this time - Throughout the year as necessary.


AGENCY UMBRELLA/UNIT NUMBER: 09-585
AGENCY NAME: Maine Outdoor Heritage Fund

CONTACT PERSON: Carol Gay, 37 Wiscasset Road, Pittston, ME 04345. E-mail: carolgay@gwi.net. Telephone: (207) 458-8421

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE MAKING ACTIVITY:

CHAPTER 25: Maine Outdoor Heritage Fund Board
STATUTORY AUTHORITY: 12 MRSA §10301
PURPOSE: Schedule for grants; strategic plan, etc.
ANTICIPATED SCHEDULE: Throughout the year as necessary.