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1978 Maine Attorney General Reports and Opinions 1 (1978)

handle is hein.sag/sagme9006 and id is 1 raw text is: - *..~~' I U U HI L I1 0 Ni -~t.-'~jI2.an ..IL...J..,.... ..A..LwigL -lac1-0. -- SLa~eHoticujst --S Sax.h-RP-lfie Id,-A-ssi st an t- Dcpr.At--r~ ;Ubject iD~nn an Fn Re llehLAes b.-y id.A ii a This is in response to your memorandum of December 16, 19 and your oral request for an opinion as to whether or not the provisions of the first paragraph of Title 7 M.R.S.A. S 3652 as to proper enclosure of animals are applicable to beehives in relation to payment for damage to such hives pursuant to Title.7 M.R.S.A. § 3654. As discussed further herein, the provisions of the first paragraph of § 3652 are not so applicable though the claims portions of S 3652 would allow the Commissioner to disapprove a claim in certain circumstances within his discretion. Title 7 M.R.S.A. S 3654 provides in pertinent part: S 3654. Damage to beehives by wild animals Whenever any beehives, bee colonies or honey, owned and properly licensed by a resident of this State, are damaged or destroyed by wild .animals, the owner may present evidence of such damage or destruction and may make complaint thereof to the mayor of a city or to one of the municipal officers of the town or plantation where such damage was done within 24 hours after he has knowledge of same. Thereafter, such claims shall be investigated, reported and adjusted or approved in the same manner as claims under section .3652. (emphasis supplied) Title 7 M.R.S.A. 5 3652 speaks to recovery for damage to livestock, poultry or domestic rabbits, properly enclosed, see S 3652, 1st and 3rd paragraphs. Section 3654 speaks to peehives, bee colonies or honey owned and properly licensed . . .',l The modifying language properly enclosed is applicable only to the animals mentioned, i.e. livestock, poultry or domestic rabbits. The reference in § 3654 to the provisions of S 3652 incorporates only the provisions regarding the manner in which claims are to be reviewed. 1/ Pursuant to the general regulatory authority of Title 7 M.R.S.A. 12 it would .appear that the Commissioner of Agriculture could promulgate regulatins for the enclosure of hives as a condition to licensing if he were to find that such regulations were necessary and appropriate. Digitized from Best Copy Available