Sections
Chapter 901 Definitions 10001

Terms Used In Maine Revised Statutes > Title 12 > Part 13 > Subpart 1 - General Definitions

  • Agent: means any person who sells or distributes potatoes or rotation crops in commerce for or on behalf of producers or others and whose operations may include the planting, cultivating, harvesting, grading, packing and furnishing containers, supplies or other services. See Maine Revised Statutes Title 7 Sec. 1012
  • Aircraft: means a machine or device designed for flight. See Maine Revised Statutes Title 12 Sec. 10001
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Antlerless moose: means a moose without antlers. See Maine Revised Statutes Title 12 Sec. 10001
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means any person applying for a license under this Article. See Maine Revised Statutes Title 7 Sec. 1012
  • Aquarium: means an enclosed container used in importing, possessing or displaying nonnative and exotic species of fish or other aquatic organisms that has a closed operating system, that is located within a home, exhibition building or other permanent all-season structure and that does not allow the discharge of water or aquatic organisms into the inland waters of the State. See Maine Revised Statutes Title 12 Sec. 10001
  • Artificial lure: includes , but is not limited to, artificial flies, spinners, spoons, poppers, plugs, jigs and plastic, rubber or other artificial imitations of natural bait. See Maine Revised Statutes Title 12 Sec. 10001
  • Atlantic salmon: means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. See Maine Revised Statutes Title 12 Sec. 10001
  • Baitfish: means only those species in the following list:  
A. See Maine Revised Statutes Title 12 Sec. 10001
  • Baitfish trap: means a device used to take baitfish fitted with rigid entrance or exit holes and having a volume no greater than 50 cubic feet. See Maine Revised Statutes Title 12 Sec. 10001
  • Bear bait: means an animal or plant or derivative of an animal or plant used to attract bear. See Maine Revised Statutes Title 12 Sec. 10001
  • Board: means the Maine Potato Board established in Title 36, section 4603. See Maine Revised Statutes Title 7 Sec. 970
  • Boundary waters between Maine and New Brunswick: means :  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • bow: includes a compound bow, a recurve bow and a long bow. See Maine Revised Statutes Title 12 Sec. 10001
  • Broker: means any person engaged in the business of negotiating sales of potatoes in commerce for or on behalf of the seller or the purchaser, respectively. See Maine Revised Statutes Title 7 Sec. 1012
  • Buyer: means any person other than a consumer who purchases or contracts to purchase potatoes or rotation crops. See Maine Revised Statutes Title 7 Sec. 1012
  • certified seed: as used in this Title shall be deemed to mean potato, vegetable, forage crop or grain seeds as shall have been grown and prepared for sale in accordance with regulations laid down by the commissioner and for which a certificate or tag has been issued as provided in section 2103. See Maine Revised Statutes Title 7 Sec. 2101
  • Classified service: means all offices and positions of trust and employment in state service, except those placed in the unclassified service by Maine Revised Statutes Title 5 Sec. 7032
  • Commercially: means , with regard to the buying, selling, bartering or trading of wildlife parts, for the purpose of resale or profit or receiving any form of remuneration. See Maine Revised Statutes Title 12 Sec. 10001
  • Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054
  • Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Committee: means the Potato Marketing Improvement Fund Committee under section 972-B. See Maine Revised Statutes Title 7 Sec. 970
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Crossbow: means a device for propelling an arrow or bolt by means of traverse limbs and a string, mounted on a stock and having a working mechanical trigger safety device and a minimum draw weight of 100 pounds. See Maine Revised Statutes Title 12 Sec. 10001
  • Dealer: means any person engaged in the business of buying or selling potatoes or rotation crops in wholesale or jobbing quantities in commerce and includes:  
  • A. See Maine Revised Statutes Title 7 Sec. 1012
  • Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054
  • Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Dependent: A person dependent for support upon another.
  • Dip net: means :  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • Director: means the Director of Human Resources. See Maine Revised Statutes Title 5 Sec. 7032
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Domicile: means the place where a person's true, fixed and permanent home is located. See Maine Revised Statutes Title 12 Sec. 10001
  • Drowning set: means a trap set for wild animals that is:  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • Economic development incentive: means federal and state statutorily defined programs that receive state funds, dedicated revenue funds and tax expenditures as defined by section 1666 whose purposes are to create, attract or retain business entities related to business development in the State. See Maine Revised Statutes Title 5 Sec. 13070-J
  • Economic development investments: means commitments of state funds, dedicated revenue funds and tax expenditures as defined by section 1666 for research and development activities and economic development incentive programs. See Maine Revised Statutes Title 5 Sec. 13070-J
  • Economic development proposal: means proposed legislation that establishes a new program or that expands an existing program that:  
    (1) Is intended to encourage significant business expansion or retention in the State; and  
    (2) Contains a tax expenditure, as defined in section 1666, or a budget expenditure with a cost that is estimated to exceed $100,000 per year. See Maine Revised Statutes Title 5 Sec. 13070-J
  • Eel: means a member of the species Anguilla rostrata in that stage of its life cycle when it is 9 inches or more in length. See Maine Revised Statutes Title 12 Sec. 10001
  • Eel pot: means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. See Maine Revised Statutes Title 12 Sec. 10001
  • Eligible register: means any book or other type of record or list on which the names of persons are placed who are qualified for the specific job classification for which the register is created. See Maine Revised Statutes Title 5 Sec. 7032
  • Elver: means a member of the species Anguilla rostrata in that stage of its life cycle when it is less than 9 inches in length. See Maine Revised Statutes Title 12 Sec. 10001
  • Endangered species: means a species of fish or wildlife that has been determined by the commissioner to be in danger of extinction throughout all or a significant portion of its range and that is listed as a state endangered species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exotic: means of foreign nature or character, not native. See Maine Revised Statutes Title 12 Sec. 10001
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Finished wildlife products: means tanned animal hides and finished taxidermy mounts, including full or partial body mounts or antlers mounted on a plaque. See Maine Revised Statutes Title 12 Sec. 10001
  • Firearm: means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. See Maine Revised Statutes Title 12 Sec. 10001
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Fishing derby: means an organized fishing event conducted on inland waters during which contestants compete for cash awards or other prizes. See Maine Revised Statutes Title 12 Sec. 10001
  • Fishway: means an artificial device, including fish elevators, fish locks and fish ladders, used to enable fish to migrate upstream past dams, waterfalls, rapids or other obstacles. See Maine Revised Statutes Title 12 Sec. 10001
  • Fly: means a single, pointed hook dressed with feathers, hair, thread, tinsel or any similar material to which no additional hook, spinner, spoon or similar device is added. See Maine Revised Statutes Title 12 Sec. 10001
  • Fly-fishing: means casting upon water and retrieving in a manner in which the weight of the fly line propels the fly. See Maine Revised Statutes Title 12 Sec. 10001
  • Fund: means the Potato Marketing Improvement Fund established in Title 10, section 1023-N. See Maine Revised Statutes Title 7 Sec. 970
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guide: means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. See Maine Revised Statutes Title 12 Sec. 10001
  • Harass: means an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns. See Maine Revised Statutes Title 12 Sec. 10001
  • Hook: means a single fishhook constructed with one, 2 or 3 points. See Maine Revised Statutes Title 12 Sec. 10001
  • hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001
  • Hunter orange: means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers, excitation purity not less than 85% and luminance factor of not less than 40%. See Maine Revised Statutes Title 12 Sec. 10001
  • Hunting equipment: means :  
  • A. 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
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • 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
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jacklight: means any artificial light used while hunting, except lights used and permitted under rules regarding raccoons under the authority of section 10104, subsection 1. See Maine Revised Statutes Title 12 Sec. 10001
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lamprey eel: means the species Petromyzon marinus (sea lamprey). See Maine Revised Statutes Title 12 Sec. 10001
  • Landlocked salmon: means the subspecies Salmo salar Sebago that does not customarily migrate from inland waters to the ocean as part of its life cycle. See Maine Revised Statutes Title 12 Sec. 10001
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Licensed federal-state potato inspector: means an authorized representative of the Federal-State Inspection Service. See Maine Revised Statutes Title 7 Sec. 1012
  • Licensee: means any person who holds an unrevoked and valid unsuspended license issued under this Article. See Maine Revised Statutes Title 7 Sec. 1012
  • Merrymeeting Bay: means the waters of the Kennebec River bounded as follows: from the high-tension wires at Chop's Point to the first dam on the Androscoggin River, to the first road bridge on the Muddy, Cathance, Abbagadassett and Eastern Rivers and to the Richmond-Dresden Bridge on the Kennebec River, in the counties of Cumberland, Sagadahoc and Lincoln. See Maine Revised Statutes Title 12 Sec. 10001
  • Migratory game bird: means any of the following birds:  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • Motor vehicle: means any motor-driven vehicle, except motorboats. See Maine Revised Statutes Title 12 Sec. 10001
  • Municipal officers: means :  
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipality: means a city or town, except as provided in Maine Revised Statutes Title 30-A Sec. 2001
  • Muzzle-loading firearm: means a muzzleloader, a traditional muzzleloader or a muzzle-loading shotgun. See Maine Revised Statutes Title 12 Sec. 10001
  • Muzzle-loading shotgun: means a firearm that:  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • Muzzleloader: means a firearm that:  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • Naturally shed: means naturally dropped from the animal without any human manipulation. See Maine Revised Statutes Title 12 Sec. 10001
  • Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001
  • 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.
  • Open firearm season on deer: means the time during which it is lawful to hunt deer with a firearm, including the special muzzle-loading season as described in section 11404. See Maine Revised Statutes Title 12 Sec. 10001
  • Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Paved way: means a public road treated with bituminous or concrete material. See Maine Revised Statutes Title 12 Sec. 10001
  • person: as used in this Title shall be construed to import both the singular and the plural, as the case demands, and shall include corporations, companies, societies and associations. See Maine Revised Statutes Title 7 Sec. 4
  • Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
  • Premises: includes lands, private ways and any buildings and structures located on the lands or private ways. See Maine Revised Statutes Title 12 Sec. 10001
  • Primitive camping area: means a camping location that does not have access to a water supply that is approved by the Department of Health and Human Services. See Maine Revised Statutes Title 12 Sec. 10001
  • Private pond: means an artifically constructed pond impounded within the limits of the riparian owner, even though the water is not supplied directly from a brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Processor: means any person other than a consumer who purchases or contracts to purchase potatoes or rotation crops primarily for manufacture into articles of food or starch by operations that change the physical form the potatoes or rotation crops possessed when harvested. See Maine Revised Statutes Title 7 Sec. 1012
  • Raptor: means a bird of the order Strigiformes and of the families Accipitridae and Falconidae commonly called buteos, accipiters, falcons and owls. See Maine Revised Statutes Title 12 Sec. 10001
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Research and development activities: means activities that directly or through capital investment support basic and applied scientific research and related commercial development funded by state appropriations and bond proceeds. See Maine Revised Statutes Title 5 Sec. 13070-J
  • Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • Retailer: means a person engaged in the business of buying potatoes or rotation crops in wholesale or jobbing quantities and reselling the potatoes or rotation crops bought primarily to consumers through at least 5 retail outlets located within or without the State. See Maine Revised Statutes Title 7 Sec. 1012
  • River herring: means the species Alosa pseudoharengus, commonly called alewife, and Alosa aestivalis, commonly called blueback herring. See Maine Revised Statutes Title 12 Sec. 10001
  • Rotation crop: means small grain, soybean or flax grown in rotation with potatoes. See Maine Revised Statutes Title 7 Sec. 1012
  • Sale: includes every contract of purchase or sale, contract to purchase or sell, purchase, sale and disposition of potatoes or rotation crops for value. See Maine Revised Statutes Title 7 Sec. 1012
  • Seine: means an ordinary commercial-type minnow seine, not exceeding 1,200 square feet, used vertically to enclose baitfish when its ends are brought together or drawn ashore. See Maine Revised Statutes Title 12 Sec. 10001
  • Seller: means any person who sells or contracts to sell potatoes or rotation crops in the regular course of business. See Maine Revised Statutes Title 7 Sec. 1012
  • Service of process: The service of writs or summonses to the appropriate party.
  • Set line: means a line extending into the water and rigged to catch fish that has one end secured to the shore or to a fixed or buoyant object and that is not personally attended. See Maine Revised Statutes Title 12 Sec. 10001
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Single-baited hook: means a single baited apparatus designed to catch only one fish at a time. See Maine Revised Statutes Title 12 Sec. 10001
  • Snagging: means to fish by manipulating a hook or hooks in such a manner as to pierce or snag the fish in a part of the body other than the mouth. See Maine Revised Statutes Title 12 Sec. 10001
  • Sporting dogs: means sporting dogs as defined by the American Kennel Club, including pointers, retrievers, setters, spaniels, Vizslas, Weimaraners and wirehaired pointing griffons. See Maine Revised Statutes Title 12 Sec. 10001
  • State strategic economic improvement plan: means the long-term economic plan for the State's economy developed by the Maine Economic Growth Council pursuant to Title 10, section 929?A, subsection 1. See Maine Revised Statutes Title 5 Sec. 13070-J
  • Subpoena: A command to a witness to appear and give testimony.
  • Sucker: means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker). See Maine Revised Statutes Title 12 Sec. 10001
  • Sunrise: means the time computed and established for sunrise for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001
  • Sunset: means the time computed and established for sunset for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Threatened species: means a species of fish or wildlife that has been determined by the commissioner as likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and that is listed as a state threatened species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
  • Traditional muzzleloader: means a firearm that:  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001
  • Trap net: means a funnel-shaped net designed to intercept and retain fish in a confined space. See Maine Revised Statutes Title 12 Sec. 10001
  • Tributary: means a brook, stream or river flowing directly or indirectly into a lake, pond or another brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001
  • Troll: means to fish by trailing a line rigged to catch fish behind a watercraft being propelled by mechanical, wind or manual power. See Maine Revised Statutes Title 12 Sec. 10001
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • valid permit: means a license or permit lawfully obtained in the licensee's or permittee's name and signed by that person. See Maine Revised Statutes Title 12 Sec. 10001
  • Venue: The geographical location in which a case is tried.
  • Verified complaint: means a writing signed by a person, who, under oath, swears that he has reason to believe that a person required to be licensed under this Article has violated one or more of the provisions of this Article or of the rules and regulations promulgated thereunder, setting forth a short and plain statement of the allegations which are the basis for such belief. See Maine Revised Statutes Title 7 Sec. 1012
  • Weir: means a device placed in the inland waters of a river, stream or brook that is designed to entrap fish and that exceeds more than 1/3 of the wetted width of the channel. See Maine Revised Statutes Title 12 Sec. 10001
  • Wholesale or jobbing quantities: means aggregate quantities of potatoes totalling 25 tons, that is, 50,000 pounds, or more in weight purchased or contracted to be purchased in any calendar month. See Maine Revised Statutes Title 7 Sec. 1012
  • Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001
  • Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001
  • Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001
  • Wildlife exhibit: means a place where wildlife is kept in captivity, either in an enclosure or by tether, upon any street or highway or upon land, public or private, for the evident purpose of exhibition or attracting trade. See Maine Revised Statutes Title 12 Sec. 10001
  • Wildlife management: means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. See Maine Revised Statutes Title 12 Sec. 10001
  • Wildlife management area: means a tract of land or body of water owned or leased by the department for the purposes of wildlife management as defined in subsection 73 or created by an act of the Legislature with the landowner's permission, and subject to the commissioner's authority under section 12701. See Maine Revised Statutes Title 12 Sec. 10001
  • Wolf: means the Gray Wolf (Canis lupus). See Maine Revised Statutes Title 12 Sec. 10001
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72