2013 Maine Revised Statutes
TITLE 12: CONSERVATION
Chapter 915: HUNTING: SEASONS, REQUIREMENTS AND RESTRICTIONS
12 §11206. Night hunting

Part 13: INLAND FISHERIES AND WILDLIFE HEADING: PL 2003, C. 414, PT. A, §2 (NEW); PT. D, §7 (AFF); C. 614, §9 (AFF)
Subpart 4: FISH AND WILDLIFE HEADING: PL 2003, C. 414, PT. A, §2 (NEW); PT. D, §7 (AFF); C. 614, §9 (AFF)
Subchapter 4: GENERAL UNLAWFUL ACTS PERTAINING TO HUNTING HEADING: PL 2003, C. 414, PT. A, §2 (NEW); PT. D, §7 (AFF); C. 614, §9 (AFF)

11206. Night hunting

1. Prohibition. Except as otherwise provided in this Part, a person may not:

A. Hunt wild birds or wild animals from 30 minutes after sunset to 30 minutes before sunrise of the following day; or [2003, c. 592, 5 (AFF); 2003, c. 592, 3 (RPR); 2003, c. 614, 9 (AFF); 2003, c. 655, Pt. C, 5, 6 (AFF).]

C. Possess any wild animal or wild bird taken in violation of paragraph A. [2003, c. 592, 5 (AFF); 2003, c. 592, 3 (RPR); 2003, c. 614, 9 (AFF); 2003, c. 655, Pt. C, 5, 6 (AFF).]

[ 2003, c. 592, 5 (AFF); 2003, c. 592, 3 (RPR); 2003, c. 614, 9 (AFF); 2003, c. 655, Pt. C, 5, 6 (AFF) .]

2. Penalty. The following penalties apply to violations of this section.

A. A person who violates subsection 1 commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended. [2003, c. 592, 3 (NEW); 2003, c. 592, 5 (AFF); 2003, c. 655, Pt. C, 5, 6 (AFF).]

B. A person who violates subsection 1 and is in possession of night vision equipment commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended; the court also shall impose a fine of not less than $2,000, none of which may be suspended. [2003, c. 592, 3 (NEW); 2003, c. 592, 5 (AFF); 2003, c. 655, Pt. C, 5, 6 (AFF).]

C. A person who violates subsection 1, is in possession of night vision equipment and has been convicted of a Class D crime within the past 10 years under Title 12, Part 13 commits a Class D crime for which the court shall impose a sentencing alternative of not less than 6 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $2,000, none of which may be suspended. [2003, c. 592, 3 (NEW); 2003, c. 592, 5 (AFF); 2003, c. 655, Pt. C, 5, 6 (AFF).]

For purposes of this subsection, "night vision equipment" means a light amplification or thermal imaging device.

[ 2003, c. 592, 3 (NEW); 2003, c. 592, 5 (AFF); 2003, c. 655, Pt. C, 5, 6 (AFF) .]

SECTION HISTORY

2003, c. 414, A2 (NEW). 2003, c. 414, D7 (AFF). 2003, c. 592, 5 (AFF). 2003, c. 592, 3 (RPR). 2003, c. 614, 9 (AFF). 2003, c. 655, C5,6 (AFF).