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1978 Maine Attorney General Reports and Opinions 1 (1978)

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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
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

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