B. There is an open season on using a dog or dogs in conjunction with bear hunting from the first Monday preceding September 1st to the day preceding the open firearm season on deer provided in sections 11401 and 11402.

C. The commissioner may shorten the open seasons season on bear as established in paragraphs paragraph A and B 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.

D. The commissioner may terminate the open season on bear as established in paragraphs paragraph A and B 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. 5. 12 MRSA §11302, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §158 and affected by §422, is repealed.

Sec. 6. 12 MRSA §11302-A is enacted to read:

§11302-A.__Unlawfully hunting or pursuing bear with dogs; hounding

1.__Prohibition.__It is unlawful to use a dog or dogs to hunt or pursue bear, also known as hounding, except as provided in subsection 2.

2.__Exception.__The use of a dog or dogs to hunt or pursue bear is lawful in the following circumstances:

A.__The dog or dogs are used by state or federal employees to pursue a specific offending animal when the employees or their designees are acting in their official capacity for purposes of protecting livestock, domestic animals, threatened or endangered wildlife, public or private property or public safety; or