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09-137 - Department of Inland Fisheries and Wildlife
October 1, 1998 - September 30, 1999
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.
POTENTIALLY BENEFITED PARTIES:
General public - residents and non-residents
The hunting, fishing, and trapping public
Sporting camp operators and others offering meals and lodging
The boating and recreational vehicle owners and dealers
Private property owners
Commercial forest landowners
CONTEMPLATED SCHEDULE OF ADOPTION:
MIGRATORY BIRD: 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
FURBEARING ANIMALS (EXCEPT BEAVER): Season dates, etc. - March - July if necessary.
BEAVER TRAPPING: Season dates and open and closed areas - September.
UPLAND GAME AND FURBEARING ANIMALS: March - July if necessary.
TURKEY HUNTING: Season dates, areas, restrictions, etc. - October.
MOOSE HUNTING: Season dates, areas, restrictions, etc. - December.
DEER HUNTING: Season dates - December; Antlerless deer protection zones, etc. March-May.
BEAR HUNTING/TRAPPING REGULATIONS: Season dates, restrictions - January.
FALCONRY REGULATIONS: October/November.
GENERAL HUNTING/TRAPPING REGULATIONS: As needed throughout the year.
REGISTRATION AND TAGGING OF BIG GAME AND FURBEARING ANIMALS: July.
WILDLIFE IMPORT REGULATIONS: Possession, care and use - November.
SCIENTIFIC COLLECTION OF FISH AND/OR WILDLIFE: Throughout the year as necessary.
FIELD TRIALS: Throughout the year as necessary.
WILDLIFE REHABILITATION: Throughout the year as necessary.
RULES PERTAINING TO WILDLIFE IN CAPTIVITY: Throughout the year as necessary.
STATE GAME FARM: Throughout the year as necessary.
TAXIDERMY: Licenses, requirements, etc.- Throughout the year as necessary.
LICENSE AGENTS: Application, requirements, etc. - Throughout the year as necessary.
ALL-TERRAIN VEHICLES: Registration, Safety, etc. - Throughout the year as necessary.
REGULATIONS PERTAINING TO THE USE OF WILDLIFE MANAGEMENT AREAS AND PUBLIC USE FACILITIES: Throughout the year as necessary.
ENDANGERED/THREATENED SPECIES REGULATIONS: Throughout the year as necessary.
ESSENTIAL HABITAT DESIGNATIONS: Throughout the year as necessary.
SIGNIFICANT HABITAT DESIGNATIONS: Throughout the year as necessary.
FISHING REGULATIONS: Fishing regulations are promulgated and published on a biennial basis.
Ice Fishing: Ice-In 2000 through March 31, 2002: July-October, 1999
Open Water: 2001-2002 seasons: July-October, 1999
RULES PERTAINING TO FISHING DERBIES AND TOURNAMENTS: Throughout the year as necessary.
RULES PERTAINING TO FISHERY MANAGEMENT AND FISH CULTURE: Throughout the year as necessary.
GENERAL REGULATIONS PERTAINING TO THE POSSESSION OF INLAND FISH: Throughout the year as necessary.
WATERCRAFT REGULATIONS: Horsepower limitations on various bodies of water are governed by 12 MRSA, Section 7792, which sets forth criteria under which horsepower limitations may be set 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). Considered throughout the year - effective date to coincide with publication of the open water fishing regulations, if possible.
MISCELLANEOUS WATERCRAFT REGULATIONS: None contemplated - throughout the year as necessary.
WHITEWATER RAFTING: Allocations done in November on a 3-year basis - others in March/April as necessary.
GENERAL SNOWMOBILE REGULATIONS: Reciprocity, etc. - November.
CAMP TRIP LEADER REGULATIONS: Throughout the year as necessary.
GUIDE LICENSE REGULATIONS: Throughout the year as necessary.
OPERATION OF MOTOR VEHICLES ON PUBLIC WATER SUPPLY: November.
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.
EMERGENCY RULES: As necessary.
09-289 - Atlantic Salmon Authority
Fishing methods, bag limits, size limits, etc.: January-April.
09-585 - Maine Outdoor Heritage Fund Board
Maine Outdoor Heritage Fund
c/o Jo D. Saffeir, Executive Director
67 Leighton Road
Pownal, ME 04069
Schedule for grants; strategic plan, etc. Throughout the year as necessary.
(APA Office Note: a separate letter dated June 22, 1998 from Jo. D. Saffeir, Executive Director, states: "The Maine Outdoor Heritage Fund has no intention of proposing any new rules between now and october, 1999.")
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