Maine Revised Statutes Title 12 Sec. 12505 – Bass tournament permit
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1. Permit required. A person may not conduct a bass tournament in waters free of ice without a permit issued under this section.
Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 12 Sec. 12505
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
2. Application. A bass club seeking approval to conduct a bass tournament pursuant to this section may make application to the commissioner in a manner and form to be designated by the commissioner. The application must include the club’s tournament rules, any amendments or changes to the rules and a schedule of the dates, places and times of the proposed tournament.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2-A. Conditions; restrictions. The commissioner may place conditions and restrictions on a bass tournament permit.
A. The commissioner may revoke a bass tournament permit issued to or refuse to issue a permit to a bass club that violates a condition or restriction placed on a bass tournament permit or disallow the participation of an individual who violates a condition or restriction placed on a bass tournament permit. [PL 2013, c. 358, §6 (NEW).]
[PL 2013, c. 358, §6 (NEW).]
3. Issuance; notification to municipality. The commissioner, following a determination that a bass club has complied with all rules adopted pursuant to this section, may issue a permit to the applicant club authorizing the club to conduct the tournament during open season for black bass in waters free of ice. At least 10 days prior to issuing the permit, the commissioner shall notify any affected municipality of the receipt of an application for a multi-day bass tournament.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4. Fee. The fee for a bass tournament permit is:
A. For weigh-in tournaments, $52 per day; and [PL 2005, c. 12, Pt. III, §25 (AMD).]
B. For catch-and-release tournaments, $12 per day. [PL 2005, c. 12, Pt. III, §25 (AMD).]
[PL 2005, c. 12, Pt. III, §25 (AMD).]
5. Rules. The commissioner shall adopt all rules necessary to carry out the purposes of this section, including, but not limited to:
A. Requiring that precautions be taken so that, if possible, all fish caught may be retained alive and, following the close of the tournament, be released into the body from which they were taken; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. Fixing the maximum total value of prizes that may be awarded at each tournament; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
C. Limiting the length of a tournament to 3 days. A tournament lasting more than one day must be a regional or multistate tournament sanctioned by the applicant bass club. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §251 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
6. Violation of rules, conditions or restrictions; penalty. Except as provided in section 12602, the following penalties apply to violations of rules adopted under subsection 5 and violations of conditions or restrictions placed on a bass tournament permit pursuant to subsection 2-A.
A. A person who violates a rule adopted under subsection 5 or a condition or restriction placed on a bass tournament permit pursuant to subsection 2?A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [PL 2013, c. 358, §7 (AMD).]
B. A person who violates a rule adopted under subsection 5 or a condition or restriction placed on a bass tournament permit pursuant to subsection 2?A 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. [PL 2013, c. 358, §7 (AMD).]
[PL 2013, c. 358, §7 (AMD).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §§B251,252 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 12, §III25 (AMD). PL 2013, c. 358, §§6, 7 (AMD).