Maine Revised Statutes Title 12 Sec. 12161 – Taking of certain nonmarine invertebrates from the wild for commercial purposes
Current as of: 2023 | Check for updates
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1. Prohibition; penalties. Except as provided in this section, a person may not take and possess certain nonmarine invertebrates, specifically freshwater mussels, butterflies, moths, dragonflies or beetles, from the wild for export, sale or commercial purposes.
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. [PL 2011, c. 253, §24 (NEW).]
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. [PL 2011, c. 253, §24 (NEW).]
[PL 2011, c. 253, §24 (NEW).]
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. 12161
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Commercial nonmarine invertebrate permit. Persons harvesting freshwater mussels, butterflies, moths, dragonflies or beetles for export, sale or commercial purposes are required to obtain a permit from the commissioner. The fee for a permit issued under this subsection is $27. The permit expires one year from the date of issuance.
[PL 2017, c. 205, §24 (AMD).]
3. Rules. The commissioner may by rule:
A. Require reporting of commercial harvest activities, including at a minimum dates, locations and numbers collected by species; [PL 2011, c. 253, §24 (NEW).]
B. Establish daily and season possession limits; and [PL 2017, c. 205, §25 (AMD).]
C. [PL 2017, c. 205, §26 (RP).]
D. Require humane harvest, confinement and disposal methods. [PL 2011, c. 253, §24 (NEW).]
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2017, c. 205, §§25, 26 (AMD).]
SECTION HISTORY
PL 2011, c. 253, §24 (NEW). PL 2017, c. 205, §§24-26 (AMD).