Maine Revised Statutes > Title 12 > Part 13 > Subpart 4 > Chapter 925 – Fish and Wildlife Management and Research

		Sections
Subchapter 1	Wildlife Management and Research	12701 – 12708
Subchapter 2	Fish Management and Research	12751 – 12763
Subchapter 3	Endangered Species; Management and Research	12801 – 12810

Terms Used In Maine Revised Statutes > Title 12 > Part 13 > Subpart 4 > Chapter 925 - Fish and Wildlife Management and Research

Accelerator: means a program that supports entrepreneurs by providing training, business assistance and mentors in a time-limited training program. See Maine Revised Statutes Title 5 Sec. 15301
Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
Alternate payee: means a spouse, former spouse, child or other dependent of a member or retiree who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by the retirement system with respect to that member or retiree. See Maine Revised Statutes Title 5 Sec. 17001
Annual base compensation: means a member's gross compensation, based upon amounts reported by the member's employer on the member's previous year's federal wage and tax statement, that is used the first day of each April for setting the amount of coverage prior to retirement for participants in the group life insurance program administered by the board. See Maine Revised Statutes Title 5 Sec. 17001
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Average final compensation: means :

A. See Maine Revised Statutes Title 5 Sec. 17001

Beneficiary: means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. See Maine Revised Statutes Title 5 Sec. 17001

Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}

Board of trustees: means the Maine Rural Development Authority Board of Trustees. See Maine Revised Statutes Title 5 Sec. 13120-B

Broker: means a person defined as a broker or dealer under the federal securities laws, but without excluding a bank acting in that capacity. See Maine Revised Statutes Title 11 Sec. 8-1102

Carrying costs: means reasonable costs incurred for the maintenance, protection and security of a speculative industrial building prior to occupancy, including, but not limited to, insurance, taxes and interest. See Maine Revised Statutes Title 5 Sec. 13120-B

Certificated security: means a security that is represented by a certificate. See Maine Revised Statutes Title 11 Sec. 8-1102

Chambers: A judge's office.

Chief executive officer: means the Chief Executive Officer of the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001

Child: means any natural or legally adopted, born or unborn, progeny of a member. See Maine Revised Statutes Title 5 Sec. 17001

Clearing corporation: means :

(i) A person that is registered as a "clearing agency" under the federal securities laws;

(ii) A federal reserve bank; or

(iii) Any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including adoption of rules, are subject to regulation by a federal or state governmental authority. See Maine Revised Statutes Title 11 Sec. 8-1102

Commercial: means related to or connected with the furtherance of a profit-making enterprise. See Maine Revised Statutes Title 5 Sec. 13120-B

Commercial facility: means real estate and improvements used principally for commercial purposes or suitable for commercial use. See Maine Revised Statutes Title 5 Sec. 13120-B

Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001

Consumer Price Index: means :

A. See Maine Revised Statutes Title 5 Sec. 17001

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.

Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}

Deed: The legal instrument used to transfer title in real property from one person to another.

Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A

Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001

Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13120-B

Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054

Dependent: A person dependent for support upon another.

Domestic relations order: means a judgment, decree or order, including approval of a property settlement agreement, that:

A. See Maine Revised Statutes Title 5 Sec. 17001

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

Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

Entitlement holder: means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. See Maine Revised Statutes Title 11 Sec. 8-1102

Entrepreneurial support system: means a network of organizations and programs in the State that facilitate entrepreneurial growth including capital providers, chambers of commerce, local governments, economic development organizations, universities, incubators and accelerators. See Maine Revised Statutes Title 5 Sec. 15301

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}

Ex officio: Literally, by virtue of one's office.

Executive body: means the official or body of officials who, in their official capacity, have the general powers and duties of administering, supervising and managing the affairs of an organization or governmental unit. See Maine Revised Statutes Title 5 Sec. 17001

Father: means a natural or adoptive father or stepfather. See Maine Revised Statutes Title 5 Sec. 17001

Fiduciary: A trustee, executor, or administrator.

Financial asset: except as otherwise provided in section 8?1103, means:

(i) A security;

(ii) An obligation of a person or a share, participation or other interest in a person or in property or an enterprise of a person that is, or is of a type, dealt in or traded on financial markets or that is recognized in any area in which it is issued or dealt in as a medium for investment; or

(iii) Any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. See Maine Revised Statutes Title 11 Sec. 8-1102

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

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

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Full-time student: means a person who meets the requirements for a full-time student set out in rules adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Grantor: The person who establishes a trust and places property into it.

Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72

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

Health care provider: means an appropriately licensed, certified or registered provider of mental or physical health care, in either the public or private sector. See Maine Revised Statutes Title 5 Sec. 17001

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

Incubator: means a program that supports entrepreneurs by providing training, business assistance and mentors and office, manufacturing or laboratory space. See Maine Revised Statutes Title 5 Sec. 15301

Indorsement: means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring or redeeming the security or granting a power to assign, transfer or redeem it. See Maine Revised Statutes Title 11 Sec. 8-1102

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

Institute: means the Maine Technology Institute. See Maine Revised Statutes Title 5 Sec. 15301

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

Lease: means a contract providing for the use of a project or portions of a project for a term of years for a designated or determinable rent. See Maine Revised Statutes Title 5 Sec. 13120-B

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Lessee: means a tenant under lease and may include an installment purchaser. See Maine Revised Statutes Title 5 Sec. 13120-B

Lien: A claim against real or personal property in satisfaction of a debt.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local development corporation: means any nonprofit organization created by a municipality that is incorporated under Title 13, chapter 81 or that is incorporated under Title 13?B or otherwise chartered by the State, which is designed to foster, encourage and assist the settlement or resettlement of industrial, manufacturing, fishing, agricultural, recreational and other business enterprises within the State. See Maine Revised Statutes Title 5 Sec. 13120-B

Medical review service provider: means an entity with whom the chief executive officer has contracted for the review of medical records and the provision of recommendations, opinions and certifications under this Part by health care providers employed by the entity. See Maine Revised Statutes Title 5 Sec. 17001

Membership service: means service rendered while a member of a retirement program of the retirement system on account of which contributions are made and for which credit is allowable under chapter 423, subchapter 4 or chapter 425, subchapter 4. See Maine Revised Statutes Title 5 Sec. 17001

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

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Mother: means a natural or adoptive mother or a stepmother. See Maine Revised Statutes Title 5 Sec. 17001

Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72

Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72

Municipality: means any county, city or town in the State. See Maine Revised Statutes Title 5 Sec. 13120-B

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.

Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 5 Sec. 17001

Out-of-state service: means service rendered as an employee of:

A. See Maine Revised Statutes Title 5 Sec. 17001

Parent: means mother or father. See Maine Revised Statutes Title 5 Sec. 17001

Participating local district employee: means an employee of a participating local district. See Maine Revised Statutes Title 5 Sec. 17001

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.

Permit: includes , but is not limited to, a permit by rule issued by the Department of Environmental Protection in accordance with Title 38, section 344, subsection 7. See Maine Revised Statutes Title 5 Sec. 13054

Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001

Personal property: All property that is not real property.

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

Prior service: means service rendered before the date of establishment of the retirement system as set forth in section 17101. See Maine Revised Statutes Title 5 Sec. 17001

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

Professional employee: means any employee engaged in work:

A. See Maine Revised Statutes Title 5 Sec. 17001

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Public school: includes :

(1) Any public school conducted within the State under the authority and supervision of a duly elected board of education, superintending school committee or school directors; and

(2) Any school which received any direct state aid in 1950 and municipal tuition funds amounting to at least the amount of that state aid during 1950. See Maine Revised Statutes Title 5 Sec. 17001

Qualified domestic relations order: means a domestic relations order that:

A. See Maine Revised Statutes Title 5 Sec. 17001

Quorum: The number of legislators that must be present to do business.

Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72

Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

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

SBIR program: means the small business innovation research program enacted pursuant to the federal Small Business Innovation Development Act of 1982, Public Law 97-219, which provides funds to small businesses to conduct innovation research having commercial application. See Maine Revised Statutes Title 5 Sec. 15301

Securities intermediary: means :

(i) A clearing corporation; or

(ii) A person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. See Maine Revised Statutes Title 11 Sec. 8-1102

Security: except as otherwise provided in section 8?1103, means an obligation of an issuer or a share, participation or other interest in an issuer or in property or an enterprise of an issuer:

(i) That is represented by a security certificate in bearer or registered form or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer;

(ii) That is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests or obligations; and

(iii) That:

(A) Is, or is of a type, dealt in or traded on securities exchanges or securities markets; or

(B) Is a medium for investment and by its terms expressly provides that it is a security governed by this Article. See Maine Revised Statutes Title 11 Sec. 8-1102

Security certificate: means a certificate representing a security. See Maine Revised Statutes Title 11 Sec. 8-1102

Security entitlement: means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5. See Maine Revised Statutes Title 11 Sec. 8-1102

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.

Speculative industrial building: means a building of flexible design and suitable for commercial use, for which the construction or carrying costs or both are financed through this subchapter for the purpose of creating new jobs in a municipality resulting from the sale or lease of the building. See Maine Revised Statutes Title 5 Sec. 13120-B

Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 5 Sec. 17001

Subpoena: A command to a witness to appear and give testimony.

Surviving spouse: means the spouse alive at the time of the death of the member or former member. See Maine Revised Statutes Title 5 Sec. 17001

Targeted technologies: means biotechnology, aquaculture and marine technology, composite materials technology, environmental technology, advanced technologies for forestry and agriculture, information technology and precision manufacturing technology. See Maine Revised Statutes Title 5 Sec. 15301

Technology transfer: means the disclosure, protection and licensing of intellectual property including patents, trademarks, copyrights and trade secrets. See Maine Revised Statutes Title 5 Sec. 15301

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

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

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

Uncertificated security: means a security that is not represented by a certificate. See Maine Revised Statutes Title 11 Sec. 8-1102

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 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