Maine Revised Statutes Title 36 Sec. 4314 – Permission required
Current as of: 2023 | Check for updates
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1. Possession or removal unlawful. It is unlawful for a person to harvest, pick, rake, possess or remove wild blueberries from the land of an owner without first securing written permission from the owner or the owner’s authorized agent. This section does not apply to members of an organized crew, if the crew leader has first secured the written permission of the owner. The written permission must identify the land by reference to tax map, lot number and town, township or plantation or to global positioning coordinates for the area where wild blueberries are managed. A person authorized to make inspections under this chapter may require a person on the land of an owner who has possession of wild blueberries or is found harvesting, raking, picking or removing wild blueberries to show valid written permission. Violation of this subsection is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A.
[PL 2007, c. 694, §6 (AMD).]
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 D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 36 Sec. 4314
- Crew leader: means a person designated by an owner to supervise an organized crew. See Maine Revised Statutes Title 36 Sec. 4302
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Organized crew: means a group of people working together under the supervision of a crew leader to harvest, pick, rake, possess or remove wild blueberries from the land of an owner. See Maine Revised Statutes Title 36 Sec. 4302
- Owner: includes a landowner or leaseholder of land on which wild blueberries are grown and harvested for profit, or the landowner's or leaseholder's authorized agent, and includes a receiver of wild blueberries grown in Canada and purchased from Canadian sellers. See Maine Revised Statutes Title 36 Sec. 4302
- Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111
- Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
- Wild blueberries: means all lowbush blueberries grown, purchased, sold or handled for commercial purposes in this State. See Maine Revised Statutes Title 36 Sec. 4302
2. No effect on other laws. Nothing in this section may be construed:
A. To relieve any person of any obligation to obtain permission to enter upon the land or premises of another; or [PL 1989, c. 214, §2 (NEW).]
B. To affect any criminal or civil liability which may exist for unauthorized entry, trespass, theft or conversion. [PL 1989, c. 214, §2 (NEW).]
[PL 1989, c. 214, §2 (NEW).]
3. Violation; first offense. A person who violates subsection 1 commits a Class E crime.
[PL 2007, c. 694, §7 (RPR).]
4. Violation; subsequent offenses. A person who violates subsection 1 when the person has 2 prior convictions for violation of subsection 1 commits a Class D crime. Title 17?A, section 9?A governs the use of prior convictions when determining a sentence.
[PL 2007, c. 694, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 214, §2 (NEW). PL 1997, c. 511, §22 (AMD). PL 2007, c. 694, §§6-8 (AMD). PL 2023, c. 18, §2 (AMD).