09-137-16 Me. Code R. § 13

Current through 2024-46, November 13, 2024
Section 137-16-13 - Protocol for Big Game Registration Station and Furbearer Registration Agents
1.Scope
2.Establishment of Big Game Registration Agents and Operation of Stations
3.Establishment of Fur Registration Agents and Operations of Stations
4.How to Apply to Become a Big Game Registration or Fur Registration Agent:
5.Approval
6.Operating Agreement
7.Operating Standards for Stations
8.Performance Standards for Agents
9.Termination of Agent Services
10.Furbearing Animal Possession, Transportation and Registration Requirements for Trappers
1.Scope: The rules in this section shall be applicable to the establishment and the operation of registration (tagging) stations for big game and furbearing animals as required by law.
2.Establishment of Big Game Registration Agents and Operation of Stations
A.Selection of Agents and Stations: Big game registration agents and their respective stations shall be selected by the Commissioner on the basis of need, and the ability to perform the function of a registration agent as outlined in the station agreement. However, only one station shall be established per city or town, except when it is determined by the Commissioner that more than one big game registration agent is required to adequately service the hunting public. The need for additional agents shall be determined upon the following considerations:
(1) Number and location of major access routes within the city or town;
(2) Location of existing big game registration agents;
(3) Deer, bear, moose and wild turkey registration levels; and
(4) Areas with special deer hunting restrictions.
3.Establishment of Fur Registration Agents and Operations of Stations
A.Selection of Agents and Stations: Fur tagging registration agents shall be established by the Commissioner on the basis of need and for added support to department staff.
B.Location of Fur Registration Agents: Agents shall be located so as to provide registration stations at strategic locations throughout the state. All selections shall be based upon the following considerations:
(1) Location of applicants in relation to the major access routes within the various sections of the state;
(2) Location of applicants in relation to other fur registration agents. New fur registration agents shall be a minimum of 20 airline miles from an existing agent;
(3) Location of applicants in relation to major fur buyers; and
(4) Fur harvest characteristics of the various sections of the state.
(5) Availability of personnel and facilities required to register large lots of fur in an efficient and confidential manner.
4.How to Apply to Become a Big Game or Fur Registration Agent

Individuals interested in becoming an agent shall contact the district game warden and regional wildlife biologist within whose district they wish to operate the station. When the need exists for a new station in a particular town, interested individuals will be given an application which must be accurately completed and returned to the Commissioner by July 1st of the year in which the applicant wishes to become established as an agent. The Commissioner may waive this deadline if the need for another agent is identified and the deadline cannot be met.

5.Approval
A.Credit Checks: Each agent applicant must demonstrate creditworthiness by allowing the department to perform credit checks with any credit organization and provide any other supplemental information deemed necessary by the Commissioner for this purpose.
B.District Warden and Regional Wildlife Biologist Approval: For bear, deer, moose, turkey and fur registration stations, the district game warden and the regional wildlife biologist shall approve the request prior to recommending approval for a new station. The Commissioner makes the final decision.
6.Operating Agreement

Businesses or individuals must enter into a written agreement using the form prescribed by the department in order to become a big game registration and/or tagging agent. The operating agreement shall include the following:

A. The location of the station.
B. Operating standards for the station and performance standards for the agents.
C. Minimum registration requirements.
D. Statement that explains the agent is prohibited from holding a trapping or hide buyers license.
7.Operating Standards for Stations
A.Big Game Registration Agents:
(1) Minimum time of operation - 8:00 A.M. to 6:00 P.M.
(2) Minimum days of operation - Monday through Saturday
B.Fur Registration Agents
(1)Dates open for operation: Agents must be available to register fur from the start of the land (fall) trapping season to ten days following the close of the beaver trapping season. At a minimum agents must be open to tag fur by appointment and respond to trapper's requests within 48 hours.
(2) During the 10-day timeframe after the close of the beaver trapping season the agent must be available to tag fur for at least 4 contiguous hours each day (excluding Sundays) and if necessary schedule appointments to tag fur after normal business hours and on weekends.
8.Performance Standards for Agents
A.Complying with Laws: Agents designated by the Commissioner for the purpose of operating big game and/or fur registration stations shall be responsible for complying with all pertinent laws, regulations, and performance agreements regarding the registration of big game animals as referenced within 12 M.R.S. §12301-A.
B.Training Requirements: Agents must ensure that staff will be properly trained to complete registration for customers according to the department requirements and that customers will be serviced in a timely, helpful and courteous manner by all staff working for the station.
C.Electronic Services Maintained: Agents must maintain internet connectivity and a device to enter electronic data at the station location.
D.Submission of Funds: Funds owed to the department must be paid according to the agreement.
E.No Transfer of Agreements

Agreements regarding the operation of big game or fur registration stations are not transferable to another individual, location, business or corporation.

F.Termination of Agreement

All agreements with big game and fur registration agents shall remain in effect until:

(1) The agent no longer wishes to operate a registration station at the agreed upon location and terminates the agreement with the Commissioner;
(2) The agent changes the location of the station;
(3) The agent sells or leases the station location to another person;
(4) The designation is terminated by the Commissioner for failure to comply with pertinent laws, regulations, and performance agreement;
(5) The designation is terminated by the Commissioner because of changing conditions, circumstances, or legal requirements;
(6) The agent acts in an incompetent, fraudulent or negligent manner and thereby represents the department in an unprofessional manner;
(7) The agent fails to meet minimum training qualifications, or fails to maintain internet access and a means to access it to provide electronic tagging.
(8) The agent fails to pay funds owed to the department in a timely manner.
9.Termination of Agent Services

When the Commissioner determines that an agency agreement will be terminated, the Commissioner will notify the agent in writing. Immediately upon termination of the agreement, the agent must return all materials, records and supplies provided by the department as part of the agent sales program, and shall remit any remaining balance of moneys owed to the department. In this regard, the agent shall follow any directions provided by the Commissioner. The Commissioner's notice shall explain the reason for the termination of services by providing a specific factual basis if applicable. If the agent wishes to contest the termination, the agent must appeal to the Commissioner in writing within 10 days, specifying all areas of disagreement with the notice. The agent may supplement the appeal with written statements. After reviewing the appeal, the Commissioner may decide to take no further action, maintaining the original termination; or the Commissioner may modify the termination in any manner determined to be appropriate in the Commissioner's discretion. Pending the determination, the original termination will remain in effect and the agent will be suspended from the program. The Commissioner's determination is final.

10.Furbearing Animal Possession, Transportation and Registration Requirements for Trappers
A. It shall be unlawful for any person to possess, sell, give away, buy, accept a gift, offer for transportation or transport out of the State of Maine the pelt of any fox, bobcat, marten, fisher, coyote, beaver, mink or otter unless each pelt receives a permanent fur tag. The tag utilized for otter and bobcat will be a CITES tag which must be affixed by a game warden or a biologist. Coyotes can be gifted without a permanent fur tag, if a tag is attached to coyote with the following information: person's name who harvested the coyote, hunting or trapping license number of the person who harvested the animal, harvest method (hunt or trap), harvest date, and harvest town. This information must be presented accurately to the tagging agent when the animal is registered. Coyote must be registered and a permanent fur tag affixed prior to being bought, sold, offered for transport out of state or transported out of state.
B.Transportation of furbearing animals prior to tagging:Notwithstanding this regulation, any person who lawfully possesses the untagged pelt of any fox, bobcat, marten, fisher, coyote, beaver, mink or otter may transport that pelt within the jurisdiction of the state for purposes of pelt preparation and tagging.
C.Registration of furbearing animals: The pelts of all fox, bobcat, marten, fisher, coyote, beaver, mink and otter must be presented to a warden, or other agent of the Commissioner, and each pelt legally presented shall be registered. All information requested relating to the taking of each pelt shall be accurately and truthfully reported. A fee of 25¢ may be charged for each pelt that is registered.
D.Time to register furbearing animal pelts taken by hunting and trapping: The pelts of all fox, bobcat, marten, fisher, coyote, beaver, mink and otter must be presented for tagging within ten days after trapping season closes for that species. If there is an extended trapping season for that species, tagging is required 10 days after the end of the close of the extended season. Ten days following the close of the open trapping season, it shall be unlawful for any person to possess the pelt of any fox, bobcat, marten, fisher, coyote, beaver, mink or otter, which does not have attached to it the necessary tag.
(1)Exception for bobcat and otter: all bobcat taken during the open bobcat hunting season shall be presented for tagging, by the person who harvested the bobcat, within 10 calendar days of harvesting the animal; and all otter taken between January 1 through April 30 must be tagged within 10 calendar days of harvesting the animal.
E.Mandatory Submission of Teeth

See section 16.07 for mandatory tooth collection for certain species.

F.Pelts from another state, country or province: The pelts brought into Maine from any other state, country, or province must bear the official stamp, tag, or seal of that state, country, or province. Any such pelt that comes into this state from any other state, country, or province which does not require an official stamp, tag, or seal must be registered in accordance with this section by the person possessing the pelt. The fee for registering such imported pelts may be 25¢ for each pelt that is registered. Licensed taxidermists who import tanned pelts of species that Maine does not require to be registered, for the purpose of taxidermy are exempt from the provisions of this paragraph.

09-137 C.M.R. ch. 16, § 13