Maine Revised Statutes
Subchapter 4: GENERAL UNLAWFUL ACTS PERTAINING TO HUNTING
12 §11222. Target identification while hunting

§11222. Target identification while hunting
1.  Findings.  Due to the large numbers of Maine citizens and visitors engaged in hunting in the State's woods during hunting season, the continued decline of unpopulated areas through the State, the widespread use of powerful weapons in the pursuit of wild animals and wild birds and the growing presence of nonhunters engaged in nonhunting activities in the State's woods during hunting season, the Legislature finds that a sufficient risk of serious bodily injury or death to human beings is posed to make it necessary and prudent to provide guidance to those in pursuit of wild animals and wild birds on the matter of proper target identification.  
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Target identification.  While hunting, a hunter may not shoot at a target without, at that point in time, being certain that it is the wild animal or wild bird sought.  
A. The target-determining process to be utilized is that which a reasonable and prudent hunter would observe in the same situation. A reasonable and prudent hunter always bears the risk of loss of legitimate prey to avoid the risk of the destruction of human life. A reasonable and prudent hunter neither disregards the risk of causing the death of another human being nor fails to be aware of that risk as a consequence of misidentification. A reasonable and prudent hunter never bases identification upon sound alone or even upon sound in combination with what appears to be an appendage of the wild animal or wild bird sought. A reasonable and prudent hunter, independent of these target-determining factors, bases identification upon obtaining an essentially unobstructed view of the head and torso of the potential target. This visual sighting is the most critical target-determining factor. Visual sighting of the head and torso may present itself intermittently or continuously. If presented intermittently, a reasonable and prudent hunter does not make a target-identification decision until this visual sighting exists at the point in time the hunter takes aim and is making final preparation to shoot. A reasonable and prudent hunter additionally recognizes that these sound and sight target-determining factors are affected by a number of other considerations, including, but not limited to, the distance to the target, surrounding or intervening terrain and cover, lighting and weather conditions, the hunter's own ability to hear and see, the hunter's own experience and the proximity of other persons in the hunter's immediate vicinity.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  Penalty. 
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §153 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B153 (AMD). PL 2003, c. 655, §B422 (AFF).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 12: CONSERVATION

Part 13: INLAND FISHERIES AND WILDLIFE

Subpart 4: FISH AND WILDLIFE

Chapter 915: HUNTING: SEASONS, REQUIREMENTS AND RESTRICTIONS

Subchapter 4: GENERAL UNLAWFUL ACTS PERTAINING TO HUNTING

12 §11201. Hunting during closed season

12 §11202. Unity Utilities District; closed season

12 §11203. Hunter orange clothing

12 §11204. Criminal trespass

12 §11205. Hunting on Sunday

12 §11206. Night hunting

12 §11207. Twilight hunting (REPEALED)

12 §11208. Unlawful shooting or discharge of firearm, bow and arrow or crossbow

12 §11209. Discharge of firearm, crossbow or bow and arrow near dwelling or building

12 §11209-A. Discharge of firearm within 300 feet of state-owned boat launching ramp

12 §11210. Shooting domestic animals

12 §11211. Unlawful use of firearm in Southport

12 §11212. Motor vehicles and motorboats (REPEALED)

12 §11212-A. Having a loaded firearm or crossbow in a motor vehicle or hunting or shooting from a motor vehicle or motorboat

12 §11213. Shooting at or near wildfowl decoys (REPEALED)

12 §11213-A. Shooting at or near decoys

12 §11214. Unlawful use or possession of implements or aids

12 §11215. Use of motorized vehicle to kill, injure or molest wild animals or wild birds

12 §11216. Hunting with aid of aircraft

12 §11217. Buying and selling wild animals and wild birds

12 §11218. Game fees

12 §11219. Hunting on state game farm

12 §11220. Hunting in licensed wildlife exhibit

12 §11221. Disposal of offal; littering

12 §11222. Target identification while hunting

12 §11223. Aid to injured person and reporting hunting accident

12 §11224. Waste of game

12 §11225. Retrieval of wounded or killed big game after hours (REPEALED)

12 §11226. Alien big game hunter; guide required (REALLOCATED FROM TITLE 12, SECTION 11224) (REPEALED)

12 §11226-A. Canadian big game hunter; guide required (REPEALED)

12 §11226-B. Canadian big game hunter; guide required

12 §11227. Placement of bait for hunting

12 §11228. Hunting with dogs