Maine Revised Statutes Title 12 Sec. 12661 – Ice fishing shacks
Current as of: 2023 | Check for updates
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1. Prohibitions and requirements. A person who owns any shack or temporary structure used for ice fishing:
A. Must remove or cause to be removed the shack or structure on the ice of any inland waters:
(1) In any area of the State in which there is a closed ice fishing season, by ice out or 3 days after the close of the ice fishing season established by the commissioner by rule pursuant to section 12454, whichever is earlier; and
(2) In any area of the State in which there is no close of the ice fishing season pursuant to section 12454, by ice out or March 31st, whichever is earlier; or [PL 2019, c. 325, §8 (AMD).]
B. [PL 2009, c. 214, §12 (RP).]
C. Shall have painted on the outside of the shack or structure in 2-inch letters the owner’s name and address when the shack or structure is on the ice of any inland waters. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §283 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2019, c. 325, §8 (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 E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 12 Sec. 12661
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Ice-fishing shack: means a temporary structure used for ice fishing on frozen inland waters. See Maine Revised Statutes Title 12 Sec. 10001
- Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001
- Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
2. Penalty.
[PL 2011, c. 253, §31 (RP).]
3. Removal of abandoned ice-fishing shacks. A person may not leave a structure on another person’s land without permission from the landowner. Notwithstanding the provisions of Title 33, chapter 45 and Title 17, section 2263?A, a landowner on whose property an abandoned ice-fishing shack as defined in Title 17, section 2263 is left in violation of this section may remove or destroy the shack. The landowner may recover any costs of removing or destroying the shack from the owner of the shack in a civil action.
[PL 2019, c. 325, §9 (AMD); PL 2019, c. 498, §8 (AMD).]
4. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [PL 2011, c. 253, §33 (NEW).]
B. A person who violates this section 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, §33 (NEW).]
[PL 2011, c. 253, §33 (NEW).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §§B283,284 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 397, §A9 (AMD). PL 2009, c. 214, §§11, 12 (AMD). PL 2011, c. 253, §§31-33 (AMD). PL 2015, c. 301, §39 (AMD). PL 2017, c. 164, §22 (AMD). PL 2019, c. 325, §§8, 9 (AMD). PL 2019, c. 498, §8 (AMD).