AUGUSTA – In an effort to pass an ATV reform bill in tight budget times, nearly all of the recommendations of the governor’s ATV task force that don’t have price tags attached were approved by legislators on the Inland Fisheries and Wildlife Committee Thursday afternoon.
The task force was created by Gov. John Baldacci last year after legislators proposed a slew of contradictory bills to better regulate the growing sport.
First and foremost, legislators responded to growing problems with irresponsible ATV riders trespassing and causing property damage. Hunters and snowmobilers fear that the bad behavior of some ATV riders is prompting dozens of landowners to close their land to everyone.
In the wrong hands, an ATV can “do $10,000 damage in 15 minutes” and result in a loss of access to hundreds of thousands of acres, hurting the entire outdoor recreation community, said Deputy DIF&W Commissioner Paul Jacques, who served as chairman of the task force.
The proposed law states that the vehicles could be used only on trails or on the land of a business with a policy welcoming ATVs, such as the properties of some large forestry companies.
Otherwise, verbal permission from a landowner or leaseholder would be required – except in the cases of pastures, cropland, orchards and woodlots, where written permission would be the rule. The standard is higher for agricultural land because farmers, particularly those in the potato industry, fear the spread of disease.
Further provisions to protect landowners would ban ATVs, trail or not, from lakes, streams, bogs and vernal pools, and would give landowners the right to close a trail temporarily during mud season.
The committee also approved a provision that would dedicate DIF&W’s existing gas tax revenue to a new grant program to fund local and state law enforcement officers’ monitoring of ATV crime. The money, which goes into the department’s regular budget, is expected to total about $114,000 next year, according to DIF&W.
“We need to act, and I don’t think the financial situation will be any easier next year or in two years,” said Rep. David Trahan, R-Waldoboro.
The most controversial provisions included in the proposed law related to giving officers greater authority in their enforcement of ATV rules. But despite some concerns, the committee did give its unanimous approval to rules making a failure to stop for an officer while driving an ATV a more serious crime, and creating some new penalties.
“If you don’t deal with that [issue], the rest of this stuff turns out to be a joke,” Jacques said.
The main law enforcement provision would give DIF&W the right to revoke hunting, fishing, trapping and guiding licenses to people convicted of the most serious ATV crimes, which are enumerated in the bill, as well as take away that person’s ATV registration in some cases. The only way to get those licenses back would be to take a DIF&W ethics or safety course. The law parallels existing rules for hunting and fishing violations, as well as the law for spouses who fail to pay child support.
Other provisions of the ATV reform bill that will go to the full Legislature for consideration include:
. A rule stating that children under age 10 can use ATVs only on their parents’, grandparents’ or guardians’ property, and only when those guardians are present, and a similar rule stating that children under 16 must have taken a state ATV safety course and may ride only with a parent or guardian.
. A requirement that parents must participate in ATV safety courses with their children.
. Bans on equipment that permits the use of ATVs underwater.
. A decibel limit for the amount of noise an ATV can legally make.
. A requirement that a DIF&W registration sticker be displayed on both the front and back of an ATV.
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