It may seem strange to put major law changes into a budget, but given the state’s twin attempts to lower taxes and maintain services, there are many oddities in the new budget plan. One that is sure to get a lot of attention is a proposal to largely end the century-old ban on Sunday hunting. It is accompanied by a permanent $3 increase in hunting fees. Before any decision is made on changing hunting rules to fill budget gaps, more information is needed to determine who can and should pay more for the privilege.

In exchange for the right to hunt on Sundays, except during the November deer season, hunters have agreed to back a permanent $3 increase in hunting license fees. The increase was set to expire at the end of this year and will bring the department an additional $2.4 million in fiscal year 2006. These changes will be hotly debated in front of legislative committees as the governor’s budget is pored over by lawmakers and the public.

During this process there will no doubt be suggestions to substantially raise the fees charged to out-of-state hunters. Before this notion is dismissed because it will drive hunters away from Maine, lawmakers should seek a definitive analysis. A researcher at the University of Maine, for example, should be able to quickly review data to determine the likely impact of raising fees on out-of-state hunters.

There is evidence that Maine’s fees are low for out-of-staters. An analysis of license fees in 11 western states done by the Washington Department of Fish and Wildlife found that out-of-state licenses cost an average of 7.4 times more than those for residents there. In Maine, out-of-state licenses typically cost three times more than resident licenses.

Maine’s moose hunting fees for out-of-staters are low compared with what some other states charge. Depending on how many lottery chances they buy, a nonresident would spend about $600 for a license and permit to hunt a moose in Maine. Nonresidents are charged more than $1,600 to hunt the animals in Alaska. Utah, Washington and Wyoming charge more than $1,000, according to the International Association of Fish and Wildlife Agencies.

Past attempts to substantially increase nonresident hunting fees have failed due to concern that raising the cost will drive hunters away from Maine. However, when someone is willing to spend more than $1,000 a week for a guide and a place to sleep, it is hard to believe that an additional $100 will make a difference.

Like license fees, Sunday hunting has been a perennial topic for debate in Augusta since the late 1880s when the ban on the practice was put in place under pressure from the Christian Temperance Union. This debate is likely to focus on economic and safety concerns.

On the economic side, businesses that cater to hunters will likely argue that they are losing money because their clientele can go to other states where Sunday hunting is allowed. Those concerned about safety will argue that Mainers have long taken for granted that it is safe to go in the woods on Sunday and that changing this century-old practice will put people’s lives in danger. Both are valid concerns but both are prone to exaggeration.

Again, lawmakers would do well to rely on expert advice, not anecdotes from their colleagues or the public, when deciding whether to make this historic change.