Title 12, Title 12

A stumpage owner, operator, landowner or agent who cuts or causes or permits to be cut any forest growth on lands that are within or border the right-of-way of a public highway within the State shall dispose of the slash that is within the right-of-way or within 50 feet of the ne…

1. Stumpage owner. A stumpage owner, operator, landowner or agent who cuts or causes or permits to be cut any forest growth on lands that are within or border the right-of-way of a railroad, a pipeline or an electric power, telegraph, telephone or cable line may not place slash o…

A person who, as stumpage owner, operator, landowner or agent, cuts, causes or permits to be cut any forest growth on land that borders land of another outside the limits of the unorganized territory or within the unorganized territory that borders property outside shall dispose …

The director, by written notice to any stumpage owner, operator, landowner or agent cutting forest growth, may require the removal of slash within 100 feet of buildings and trailers currently used for human occupancy when, in the director's judgment, that slash constitutes an unu…

All slash resulting from cutting of forest growth shall be removed the required distances under this Article and scattered or chipped and not piled in windrows within 30 days after cutting or within 30 days of notification to remove by the director, as provided.

All primary processors of wood products, including, but not limited to, sawmills, except a person processing for that person's own domestic use, and owners of lands on which those processing plants are located shall keep any slash resulting from cutting forest growth removed for …

Failure to comply with the slash disposal requirements of this Article shall subject the person responsible to a penalty as set forth in section 9701.

No person may place any trailer, camper, shelter or tent from May 1st to November 30th at any public campsite maintained or authorized pursuant to section 1825, subsection 4 and keep that trailer, camper, shelter or tent so located, vacant or occupied, for more than 14 days in an…

Whenever in the judgment of the director the woodlands along the railroads traversing the forest lands of the State are in a dry and dangerous condition, the director shall maintain a competent and efficient fire patrol along the right-of-way or lands of those railroads if, in th…

All fires starting upon the right-of-way of any railroad or lands adjacent thereto shall be immediately reported to the forest ranger or town forest fire warden by any railroad employee stating the location and origin of such fire and, if the fire was started by a locomotive, the…

The director shall keep, or cause to be kept, an account of the cost of maintenance by the State of such fire patrol along the line of such railroad, including therein the wages and expenses of the employees engaged in maintaining such fire patrol, and the total cost thereof shal…

Nothing in sections 9401 to 9403 shall be construed as releasing any railroad company from any damage caused by fires set by their locomotives or employees.

A person, firm or corporation operating a railroad on or through forest, brush, grass-covered land or areas of high-value property shall maintain its right-of-way according to the minimum standards established in this section by destroying, removing, or modifying so as not to be …

Every railroad operating locomotives powered by diesel or other type fuel shall equip the same with devices designed to prevent the escape of live coals, sparks or carbon deposits which may cause fires. Employees shall exercise due care to keep such devices in effective operating…

1. Illegal operation. A person is guilty of illegal operation of power-driven equipment if that person knowingly: A. Operates power-driven equipment in, through or within 1,000 feet of forest lands without an approved spark arrester; [PL 1989, c. 174, §7 (NEW).] B. Requires the o…

No person may sell or offer to sell any internal combustion all-terrain vehicle, chain saw or skidder in this State that has not been provided with a spark arresting device approved by the director. This prohibition does not apply to casual sales as defined in Title 36, section 1…

A person, unless authorized by the director, may not obstruct any improved woods road or way used for the removal of forest growth, upon the discontinuance from use or abandonment of the road or way, if it may be reasonably utilized for preventing or suppressing forest fires. Thi…

Unless otherwise specifically stated, any person who violates any requirement of this Part, the condition or terms of any permit or license issued by the director or the provision of any rule or regulation of the bureau commits a civil violation for which a forfeiture not to exce…

1. Hinder performance of duties or access. A person may not: A. Prevent or obstruct a state forest ranger or town forest fire warden in the performance of the ranger's or warden's duties or the exercise of the rights of entry, access or examination by any state forest ranger or t…

Any person who intentionally or negligently causes a fire that burns forest, brush, grass or other lands or intentionally fails to take reasonable action to control a fire on that person's own land is liable civilly for restitution of costs incurred by state or municipal governme…

None of the penalties imposed by this Part shall be considered as substitutes for or as repealing laws making persons guilty of crimes, offenses or acts of trespass or liable for civil damages to persons injured by such acts, except that any person who invokes the remedy of secti…

The penalty set forth in section 9701 when applied to the acts enumerated in section 9324, subsections 1 to 3, may be recovered in a civil action and payable 1/2 to the municipality, if any, where the offense is committed and 1/2 to the State.

The District Court shall have original and concurrent jurisdiction with the Superior Court in all prosecutions under this Part. Any person arrested as a violator may, with reasonable diligence, be taken before the District Court in the division nearest to where the offense is all…

A forest ranger may accept recognizances in accordance with the following procedures: [PL 1989, c. 704, §2 (NEW).] 1. Acceptance. A forest ranger making an arrest for any crime defined in this chapter at a point more than 50 miles distant from the nearest District Court may accep…

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] 1. Aircraft. "Aircraft" means a machine or device designed for flight. 2. Alien. 3. Antlerless moose. "Ant…

The Department of Inland Fisheries and Wildlife is established to preserve, protect and enhance the inland fisheries and wildlife resources of the State; to encourage the wise use of these resources; to ensure coordinated planning for the future use and preservation of these reso…

The Division of Licensing and Registration is established within the Department of Inland Fisheries and Wildlife. The division is equal in organizational level and status with other major organizational units within the department or its successors. The division is administered b…

The Division of Engineering is established within the Department of Inland Fisheries and Wildlife. The division is equal in organizational level and status with other major organizational units within the department or its successors. The division is administered by a director wh…

The Bureau of Resource Management is established within the Department of Inland Fisheries and Wildlife. The bureau is equal in organizational level and status with other major organizational units within the department or its successors. The bureau is administered by a director …

The Bureau of Warden Service is established within the Department of Inland Fisheries and Wildlife. It is equal in organizational level and status with other major organizational units within the department or its successors. The bureau is administered by a director who is immedi…

The Division of Public Information and Education is established within the Department of Inland Fisheries and Wildlife and is responsible for the administration of programs to increase the public's knowledge and understanding of inland fisheries and wildlife resources and the man…

The commissioner is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and to confirmation by the Legislature. The commissioner serves at the pleasure of the Governor. Any candida…

1. Facilities. The commissioner is entitled to have an office at the seat of government and adequate facilities for the transaction of the business of the department. 2. Traveling expenses. The commissioner is entitled to receive all necessary traveling expenses.

In addition to other duties set out in this Part, the commissioner has the following duties. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] 1. Appointment of deputy. The commissioner shall appoint, to serve at the commissioner's pleasure, the Deputy Commissioner o…

In addition to other powers granted in this Part, the commissioner has the following powers. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] 1. Rules. The commissioner may, with the advice and consent of the advisory council and in conformity with Title 5, Part 18,…

1. Authorize taking or destruction of wildlife. Whenever the commissioner determines it necessary for the accomplishment of the commissioner's statutory duties, the commissioner may authorize a person to assist the commissioner in the taking and destruction of any wildlife. The c…

1. Commissioner's authority. The State assents to the Federal Aid in Wildlife Restoration Act, Public Law, September 2, 1937, chapter 899, as amended, and the Federal Aid in Fish Restoration Act, Public Law, August 9, 1950, chapter 658, as amended. The commissioner is authorized,…

1. Identification of deer wintering areas. The commissioner shall, by rule, establish criteria for the identification of deer wintering areas in the State. The criteria must include: A. Observation by department personnel; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (A…

1. Training in firearm safety. The commissioner shall establish a program for training individuals in the safe handling of firearms and for this purpose may cooperate with any public or private association or organization having as one of its objectives the promotion of safety in…

1. Acquisition of land; wildlife management and public access. The commissioner may acquire property pursuant to this subsection for fish hatchery or fish feeding stations or wildlife management areas or public access sites. A. The commissioner may acquire in the name of the Stat…

1. Indication of confidentiality. The commissioner shall allow an applicant for a hunting or fishing license to indicate that the applicant's e-mail address is confidential. 2. Confidential information. If a person indicates that the person's e-mail address submitted as part of t…

1. Appointment. The Inland Fisheries and Wildlife Advisory Council, established by Title 5, section 12004‑G, subsection 20 and referred to in this Part as the "advisory council," consists of 11 members, with 10 members representing the 16 counties of the State in the following ma…

1. Members. The Advisory Board for the Licensing of Guides, established by Title 5, section 12004‑I, subsection 23 and referred to in this section as "the board," consists of the following 8 members: A. One subordinate officer of the department designated by the commissioner; [PL…

The Advisory Board for the Licensing of Taxidermists is established by Title 5, section 12004‑I, subsection 23‑A and referred to in this section as "the board." [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] 1. Membership. Members of the board must be residents of…

1. Members. The Advisory Board for the Licensing of Whitewater Guides, referred to in this section as the "board" and established by Title 5, section 12004-I, subsection 23-B, consists of the following 10 members: A. The commissioner or an employee of the department who is the co…

1. Appointment and composition. 1-A. Appointment and composition. The Landowners and Land Users Relations Advisory Board, referred to in this chapter as "the advisory board" and established by Title 5, section 12004‑I, subsection 49‑C, consists of the following members: A. Eleven…