§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
Part 13: INLAND FISHERIES 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 §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 §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 §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 §11225. Retrieval of wounded or killed big game after hours (REPEALED)
12 §11226-A. Canadian big game hunter; guide required (REPEALED)
12 §11226-B. Canadian big game hunter; guide required