SP0338, LD 1118, item 1, An Act To Give the Commissioner of Inland Fisheries and Wildlife Rule-making Authority To Establish a Bear Season Framework and Bag Limits

An Act To Give the Commissioner of Inland Fisheries and Wildlife Rule-making Authority To Establish a Bear Season Framework and Bag Limits

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §10902, sub-§6, ¶E, as repealed and replaced by PL 2011, c. 691, Pt. A, §7, is amended to read:

E. Buying or selling bear, hunting or trapping bear after having killed 2 or exceeding the bag limit on bear, in violation of section 11217, 11351 or 12260;

Sec. 2. 12 MRSA §11151, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §118 and affected by §422, is further amended to read:

1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt for bear without a valid permit from the first Monday preceding September 1st first day of the bear hunting season to the day preceding the open firearm season on deer. This section does not apply to trapping for bear.

Each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.

Sec. 3. 12 MRSA §11151, sub-§3, as amended by PL 2009, c. 213, Pt. OO, §6, is further amended to read:

3. Issuance; permit fee. The commissioner, through the commissioner's authorized agent, shall issue a bear hunting permit to an eligible person. The annual fee for each permit issued is $27 $10 for residents and $74 for nonresidents.

Sec. 4. 12 MRSA §11151-A, sub-§3, as enacted by PL 2007, c. 168, §4 and affected by §8, is amended to read:

3. Issuance; permit fee. The commissioner, through the commissioner's authorized agent, shall issue a nonresident late season bear hunting permit or permits to an eligible person. The annual fee for each permit issued is $40.

Sec. 5. 12 MRSA §11251, sub-§1, ¶A, as amended by PL 2017, c. 357, §1, is further amended to read:

A. There is an open season on hunting bear from the first Monday preceding September 1st to November 30th annually. The commissioner shall by rule establish a bear hunting season beginning no earlier than August 1st and ending no later than December 15th annually. The commissioner may, pursuant to section 10104, subsection 1, adopt rules prohibiting the use of bait or dogs to hunt black bear during any portion of the open bear hunting season.

Sec. 6. 12 MRSA §11251, sub-§1, ¶B, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.

Sec. 7. 12 MRSA §11301, sub-§1, ¶E, as repealed and replaced by PL 2011, c. 691, Pt. A, §9, is amended to read:

E. The bait is placed not more than 30 days before the opening day of the season as established in rule and not after October 31st;

Sec. 8. 12 MRSA §11351, as amended by PL 2011, c. 309, §§2 and 3, is further amended to read:

§ 11351. Bear bag limit

1. Hunting bear; limit. A person may not hunt or trap bear after that person has killed or registered one during an open season under section 11251 and one during the open season on trapping bear under section 12260 the maximum number of bear allowed by rule during that season.

2. Exceeding bag limit on bears. A person may not possess more than 2 bears in any calendar year, except a person may keep more than one legally obtained bear in that person's home or as otherwise provided in law the number of bear allowed by rule, except a person may keep legally obtained bear in that person's home at any time or as otherwise provided in law or rule.

3. Penalty. A person who violates subsection 1 or 2 this section commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not to exceed 180 days; of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

Sec. 9. 12 MRSA §12260, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

1. Open and closed season. There is an open The commissioner shall by rule establish a bear trapping season on trapping bear from September 1st to October 31st beginning no earlier than August 1st and ending no later than December 15th annually.

A. The commissioner may shorten the open season on bear trapping in any part of the State as long as:

(1) The demarcation of the areas with a shortened season follows recognizable physical boundaries such as rivers and railroad rights-of-way; and

(2) The decision is made and published prior to February 1st of any year.

B. The commissioner may terminate the open season on bear trapping at any time in any part of the State if, in the commissioner's opinion, an immediate emergency action is necessary due to adverse weather conditions or severe hunting or trapping pressure.

Sec. 10. 12 MRSA §12260, sub-§3, ¶A, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

A. A person may use a cable trap with a closing diameter of not less than 2 1/2 inches to trap not set a bear in the State during the open season on bear trap other than as authorized by the commissioner in rule.

Sec. 11. 12 MRSA §12260, sub-§4, as amended by PL 2011, c. 309, §5, is further amended to read:

4. Trapping bear after having killed maximum number allowed. A person may not trap a bear after that person has killed or registered one trapped pursuant to this section the maximum number of bear allowed by rule during the trapping season. A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not to exceed 180 of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

Sec. 12. 12 MRSA §12260, sub-§5, as amended by PL 2011, c. 309, §6, is repealed and the following enacted in its place:

5. Exceeding bag limit on bears. A person may not possess more than the number of bear allowed by rule, except a person may keep legally obtained bear in that person's home at any time or as otherwise provided in law or rule. A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

Sec. 13. 12 MRSA §12260-A, sub-§§2 and 3, as enacted by PL 2007, c. 168, §7 and affected by §8, are amended to read:

2. Eligibility; license required. A person who possesses a valid trapping license or a license that authorizes the hunting of deer, moose and bear may obtain a permit to trap bear from the commissioner or the commissioner's authorized agent.

3. Issuance; permit fee. The commissioner, through the commissioner's authorized agent, shall issue a bear trapping permit to an eligible person. The annual fee for each permit issued is $27 $10 for residents and $67 for nonresidents.

Sec. 14. 12 MRSA §12260-A, sub-§4 is enacted to read:

4. Bear trapping education course requirements. A person who applies for a bear trapping permit must submit proof of having successfully completed a bear trapping education course as provided by the department or satisfactory evidence of having previously held a valid bear trapping permit in any year prior to 2020. When this proof cannot otherwise be provided, the person may substitute a signed affidavit that the person has previously held the required bear trapping permit or that the person has successfully completed the required bear trapping education course.

summary

This bill allows the Commissioner of Inland Fisheries and Wildlife to establish bear hunting and trapping season dates by rule. It reduces the cost of a resident bear hunting permit and a resident bear trapping permit from $27 to $10, and it also repeals the 2-bear limit in statute and instead refers to the bag limit set in rule.

SP0338 LD 1118	Session - 129th Maine Legislature		LR 514 Item 1
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