Sources: Maine Revised States Annotated, 1964, Title 12; 1992 Supplementary Pamphlet.
STATE WILDLIFE POLICY
The legislature finds that various species of fish or wildlife have been and are in danger of being rendered extinct within the state, and that these species are of aesthetic, ecological, educational, historical, recreational and scientific value to the people of the state. The legislature declares that it is state policy to conserve, by according such protection as is necessary to maintain and enhance their numbers, all species of fish or wildlife found in the state, as well as the ecosystems upon which they depend (12-7751).
PROTECTED SPECIES OF WILDLIFE
Except as otherwise provided by fish and wildlife laws or rules, there is a perpetual closed season on hunting or trapping any wild bird or animal (12-7401 and -7431).
The Commissioner may conduct investigations to develop information on population size, distribution, habitat needs, limiting factors and other biological and ecological data relating to survival of resident species of fish or wildlife, endangered or not, and may develop programs to enhance or maintain these populations. The Commissioner shall designate a species as endangered or threatened whenever one of the following is found: present or threatened destruction, modification or curtailment of its habitat or range; overutilization for commercial, sporting, scientific, educational or other purposes; disease or predation; inadequacy of existing regulatory mechanisms; other natural or manmade factors affecting its continued existence within the state. The Commissioner may: establish programs to bring any endangered or threatened species to the point where it is no longer endangered or threatened, including habitat acquisition, propagation, trapping, transplanting and regulated taking; designate essential areas as habitat and develop guidelines for species protection; enter into agreements with government agencies or persons to establish and maintain endangered or threatened species conservation programs; receive federal funds (12-7752 through -7755).
A state agency or municipal government shall not permit, license or fund projects that will significantly alter endangered species identified habitat or violate Commissioner protection guidelines. Variances may be granted if the Commissioner certifies that the proposed action would not pose a significant risk to such species, and a public hearing is held (12-7755- A). It is illegal to: misuse, export, hunt, trap, possess, process, sell, offer for sale, deliver, carry, transport or ship any endangered or threatened species, or feed, set bait for or harass them. Exceptions will be made for educational or scientific purposes, to enhance the propagation or survival of an endangered/threatened species, and for transportation through the state by federal or state permit under conditions set by the Commissioner (12-7756).
HABITAT PROTECTION
The Commissioner shall establish criteria for identification of deer wintering areas, notify appropriate municipalities or plantation officials and property owners of existence of the areas, and provide information to those persons as to actions which may be taken to protect the deer (12-7037).
Upon written consent of landowners, the Commissioner may create sanctuaries not to exceed 1,000 acres from any lands in the state for the purpose of liberating tame deer. All or any part of such lands may be released from the restrictions of a sanctuary whenever deemed expedient. The Commissioner may promulgate rules regulating hunting, fishing, trapping or public use of any wildlife management area or wildlife sanctuary, except that no landowner shall be prohibited from operating any vehicle on domiciled land. The Commissioner may harvest and sell natural products of and on lands owned by the Department. The Commissioner may regulate trapping wild animals on wildlife sanctuaries or closed territories. It is illegal to hunt, trap or possess hunting implements in wildlife sanctuaries except as provided (12-7651 through -7654).
The Commissioner may purchase lands and erect buildings for operating state game farms to propagate wild animals and birds for restocking woods and forests of the state; and take or import wild animals or birds, dead or alive, for inspection, cultivation, propagation, distribution or for scientific or other purposes (12-7735). The Commissioner may acquire by gift or bequest and may purchase, lease or take real and personal property to establish, erect and operate fish hatcheries or feeding stations. Owners of property taken are entitled to damages equal to the reasonable value of the property, the county commissioners to determine the value, and aggrieved parties may appeal to the Superior Court. Screens may be authorized, spawning areas designated and safe salmon stock accepted for release (12- 7671, -7672, and -7675). To conserve and restore anadromous and migratory fish, fishways may be required to be erected, maintained, repaired or altered by persons in control of dams or other obstructions [extensive details of fishway and adjudicatory proceedings given] (12- 7701-A). A fish kill resulting from improper operation of fishways may result in a fine equivalent to the value of fish killed but no more than $10,000 per day of violation (12-7701- C). Tampering with a fishway or dam includes closing to migration, damaging or introducing foreign objects into a fishway or dam (12-7702).
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu