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Maine

Maine Revised Statutes Annotated. Title 12. Conservation. Part 13. Inland Fisheries and Wildlife. Subpart 3. Law Enforcement and General Offenses. Chapter 909. General Offenses. 10654. Harassment of hunters, trappers and anglers

Statute Details
Printable Version
Citation: ME ST T. 12 10654

Citation: 12 M. R. S. A. 10654


Last Checked by Web Center Staff: 01/2014

Summary:   This law reflects Maine's hunter harassment provision. The law splits the conduct into two possible offenses. First, a person may not intentionally or knowingly interfere with the lawful hunting, fishing or trapping of a wild animal, wild bird or fish. Second, a person may not intentionally or knowingly disturb or attempt to disturb a wild animal, wild bird or fish with the intent to interfere with the hunting, fishing or trapping of a wild animal, wild bird or fish. A person who violates either section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. A person may also seek an injunction to prevent violations under this section.


Statute in Full:

1. Interference with taking. A person may not intentionally or knowingly interfere with the lawful hunting, fishing or trapping of a wild animal, wild bird or fish.

A. 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.

B. 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.

2. Disturb or attempt to disturb. A person may not intentionally or knowingly disturb or attempt to disturb a wild animal, wild bird or fish with the intent to interfere with the hunting, fishing or trapping of a wild animal, wild bird or fish.

A. 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.

B. 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.

3. Injunctions. The District Court or Superior Court may enjoin conduct that would be in violation of this section upon petition by a person affected or who reasonably may be affected by that conduct upon a showing that the conduct is threatened or that it has occurred on particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.

4. Property rights otherwise provided by law. This section does not limit ownership use, access or control of property rights otherwise provided by law.

CREDIT(S)

2003, c. 414, § A-2; 2003, c. 655, § B-70, eff. Aug. 31, 2004.


HISTORICAL AND STATUTORY NOTES

2005 Main Volume

Laws 2003, c. 414, § D-7, as amended by Laws 2003, c. 614, § 9, provides:

“Sec. D-7. Effective date. This Act takes effect August 31, 2004, except that Part D, sections 5 and 6 take effect 90 days after the adjournment of the First Regular Session of the 121st Legislature.”

Laws 2003, c. 655, § B-70, rewrote this section, which prior thereto read:

Ҥ 10654. Harassment of hunters, trappers and anglers

“Text of section effective on the general effective date of 2004 Legislation.

“1. Interference with taking. A person may not intentionally or knowingly:

“A. Interfere with the lawful hunting, fishing or trapping of a wild animal, wild bird or fish; or

“B. Disturb or attempt to disturb a wild animal, wild bird or fish with the intent to interfere with the hunting, fishing or trapping of them.

“2. Penalty. A person who violates subsection 1 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

“3. Injunctions. The District Court or Superior Court may enjoin conduct that would be in violation of this section upon petition by a person affected or who reasonably may be affected by the conduct, upon a showing that the conduct is threatened or that it has occurred on particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.

“4. Property rights otherwise provided by law. This section may not be construed in any way to limit the ownership use, access or control of property rights otherwise provided by law.”

Laws 2003, c. 655, § B-422 provides:

“Sec. B-422. Effective date. This Part takes effect August 31, 2004.”

Derivation:

Laws 1983, c. 366.
Laws 2001, c. 421, § B-80.
Laws 2003, c. 414, § A-1.
Former 12 M.R.S.A. §§ 7541, 7542.
See, also, former 12 M.R.S.A. § 7901-A.

 



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