Home Page

News

Guide List

Guide Search

Join MPGA

Super Raffle

Annual Banquet

Email Policy

Membership News - October 17, 2007

1. MPGA Board Meeting - October 21:

Board of Directors - Sunday, October 21, 2007 at 9:00 AM. Location is the Holiday Inn on Odlin Road in Bangor.

Members are welcome to attend all Board meetings.

Hunting Guides Take Note!

2. Alien Hunter Law Needs Clarification

Last spring the legislature passed a hunting Bill that is now causing some problems due to its ambiguous wording.

The bill, LD 98, titles "An Act to Require Alien Big Game Hunters to Be Accompanied By A Guide" (Statutory Citation: MRSA 12, Section 11224), states that an alien may not hunt moose, deer or bear without being accompanied by a person who holds a valid guide license.

Falsely Accused:

Many hunters, and even Wardens, in northern Maine are claiming that MPGA and IF&W put this bill through. This is not true.

The bill was presented by Representative Theriault of Madawaska, and was co-sponsored by Senator Martin of Aroostook and Representatives Ayotte of Caswell, Clark of Millinocket, Gifford of Lincoln, Harlow of Portland, Jackson of Allagash, Lundeen of Mars Hill, Peoples of Westbrook, and Sutherland of Chapman. Clearly, the Legislators and therefore the citizens of northern Maine wanted this law.

MPGA Testified Against LD 98

The Maine Professional Guides Association opposed this legislation, as we had in the past on similar bills. Even though the bill would add some potential customers for guides, the bill presented several problems that we felt needed to be addressed.

One was that there just aren't enough guides available along the Canadian border to meet the expected demand - at least not now. In addition, the bill unfairly singled out one group of nonresident hunters - those who are not U.S. citizens. In his testimony on February 13, 2007, MPGA's Legislative Liaison Skip Trask made the following comments:

"This bill would require that all alien hunters be accompanied by a guide while hunting big game. The Maine Professional Guides Association opposes this legislation for several reasons. It isn't that our members don't want additional business, but in all fairness, those areas of the state where a majority of aliens come to hunt do not have sufficient guiding services or related facilities to satisfy the needs of these hunters. We also feel that the bill unfairly singles out one group of nonresident hunters - those who are not U.S. citizens. Guides provide a valuable service to their clients by showing them where to hunt a particular game animal and the best methods for taking that animal. While we encourage nonresident hunters, especially when hunting in unfamiliar territory, to employ the services of a guide, alien nonresidents have no greater need for those services than nonresidents who happen to be U.S. citizens."

Impractical Requirement

The phrase "accompanied by a guide" is now causing a great deal of trouble. Does this mean the guide and hunter must be physically with each other?

MPGA's Board discussed this last winter. Few hunting guides are actually with the hunter all the time. For instance, on most guided deer and bear hunts the guide places the hunter in a stand and then leaves the area. The guide may or may not check on the hunter until after shooting hours end. In fact, there has been a Maine law on the books for years that defines a hunting guide as any person that receives remuneration for his or her services "in accompanying or assisting" another person while hunting. After discussion with legislators and IF&W, we thought it was pretty clear that the intent of the new law was for alien hunters to employ the services of a guide in the usual and established manner – which does not necessarily mean that the guide and hunter will always be together.

Now that hunting season is upon us, guides and hunters are still wondering exactly what the term "accompanied" is to mean. Unfortunately, IF&W still has some questions too!

IF&W Interpretation

At present, the Department's position is that any alien hunter, when hunting moose, deer or bear, must be accompanied by a guide.  Their current interpretation of "accompany" is that the guide must be "readily available" to the hunter.  They are not telling folks that the hunter must be in the presence of the guide.  They are also telling people that multiple hunters may be guided by a single guide, further indicating that the guide and hunter don't need to be physically together.

But this interpretation introduces a new term, "readily available", that is just as ambiguous. What does it mean? They are not clear on that. Radio or phone contact seems to be sufficient, but is impractical. Most guides having hunters on a stand would not be considered to be "readily available" as few if any remain in radio or phone contact with the hunter.

What is MPGA Doing Now?

We are continuing discussions with IF&W in order to clarify the law and how it will be enforced. We are advocating that for now the Department should enforce the law as we believe it was intended - for alien hunters to employ the services of, and hunt in conjunction with, a guide in the usual and established manner. Then, IF&W should ask the legislature to clarify the language in the next session. We will let you know as discussions continue.

What Should You Do Now?

For now, Colonel Thomas Santaguida, the head of Maine's Warden Service, released the following set of guidelines on September 19th:

Frequently Asked Questions and Enforcement Directive Regarding
"An Act to Require Alien Big Game Hunters to Be Accompanied By A Guide"
(Statutory Citation: MRSA 12, Section 11224)

An alien may not hunt moose, deer or bear without being accompanied by a person who holds a valid guide license pursuant to chapter 927 authorizing that person to act as a hunting guide.

Q: Who does this law apply to?

A: This law applies to alien hunters pursuing bear, deer and moose hunters. It does not apply to small game hunters nor turkey hunters.

Q: Does an alien who owns property in Maine and pay property taxes on that property to the State of Maine still have to be accompanied by a Maine guide to hunt big game in Maine.

A: The answer is yes. The law did not exempt property owners.

Q: Does the law permit for a guide to accompany a group of hunters at the same time and is there a limit to the number of hunters in a group?

A: Guides may accompany a group of hunters and there is no legal limit to the number of hunters a guide may take out in a group.

Q: What does accompany mean and does the guide as to be with or be near by with his hunter or hunters at all time during the hunt?

A: The guide must be "readily available". This is subjective. It does not mean the guide must be with the hunters, or even nearby. It may mean that using a radio or phone the guide can be contacted and return to the hunters location.  PLEASE NOTE THAT 'ACCOMPANY' IN THE CONTEXT OF THIS LAW IS USED DIFFERENTLY THAN IT IS IN THE ENFORCEMENT OF OTHER LAWS SUCH AS JUVENILLE HUNTERS.

Q: Does the guide have to be "hired" by the alien hunter or can they merely accompany them?

A: The law does not require payment for services to the guide or "hiring" of a guide, it merely requires they accompany an alien big game hunter.

Q: Some aliens would like to obtain a refund for their hunting license that has already been issued. They do not want to be guided. What is the procedure to obtain a refund?

A: Persons requesting a refund should send a letter requesting refund to the Department of Inland Fisheries and Wildlife, Licensing Division, Attention:  Kelly Colby, 284 State Street, SHS # 41, Augusta, ME  04333-0041.

Bureau of Warden Service
Enforcement Directive for 2007 Hunting Season

This is a new statute that contains language that is problematic from the perspective of law enforcement. Considering that this is a new law; a number of alien hunters may not know about it; and the language of the statute is not succinct, warnings should be issued to hunters found in violation of this law this season. However, if an alien hunter is encountered hunting big game without a guide, it is not appropriate to permit them to continue. Additionally, if an alien hunter has been warned, it would be acceptable to issue a summons for a second offense, etc.

3. Help MPGA Stay Involved:

MPGA strives to keep guides' collective interests at these and many more meetings and events. It is vital that policy makers hear from us. This can only happen if MPGA has the funds to support the effort. That takes your help.

Now is the best time to sell Super Raffle Tickets!

Your hunters will buy them - all you need to do is show them your recent MPGA newsletters, and then -

• Explain that the money goes toward MPGA's lobbying effort in Augusta to maintain their privilege to continue hunting in Maine.
• Explain how MPGA lead the fight to protect bear hunting in Maine.
• Explain how MPGA created the Deer Task Force to re-build northern Maine's deer herd.
• Explain how MPGA created the Sportsman/Forest Landowner Alliance to maintain access for hunting opportunities.
• Explain how MPGA participates in numerous Task Forces and Committees to maintain access for hunting, fishing and boating. Including:
  • The Governor's Task Force on the Management of Public Lands.
  • The Governor's Task Force on Access for Traditional Uses.
  • The Bureau of Parks & Lands Management Planning Committees.
  • The Land for Maine's Future funds that buy lands and access rights for hunting.

The Super Raffle is our major fundraiser. Its success is vital to MPGA's continued efforts in Augusta.

For info on the prizes, and a printable ticket order form, visit MPGA's Super Raffle website.

For other information, and for pre-printed tickets, contact Bert Goodman at (207) 528-2320.

4. Super Raffle Incentive Program:

NEW - Prizes will be awarded to anyone who sells tickets!

• Sell $1,500 in tickets - win a Marlin Guide Gun with MPGA emblem.
• Sell $1,000 in tickets - win a $200 LL Bean Gift Certificate.
• Sell $500 in tickets - win a $100 LL Bean Gift Certificate.

Note: You must include a contest registration form when submitting your ticket money and stubs. Otherwise you will not qualify for the prizes.

For info on the incentive program, and a printable contest entry form, visit MPGA's Super Raffle Contest webpage.

For other information on the incentive program, and for pre-printed tickets, contact Bert Goodman at (207) 528-2320.

Visit the MPGA Website for more news and info.