§12260-A.__Unlawful trapping of bear

1.__Prohibition.__It is unlawful to use or set a trap to hunt or capture bear, except as provided in subsection 2.

2.__Exception.__The use of a trap to hunt or capture bear is lawful in the following circumstances, provided any use of a trap pursuant to this subsection is undertaken in the most humane manner practicable:

A.__The trap is used by state or federal employees, acting in their official capacity, to hunt or capture a specific offending animal for purposes of protecting livestock, domestic animals, threatened or endangered wildlife, public or private property or public safety; or

B.__The trap is used by the department or pursuant to a permit granted by the department to an accredited university for scientific or research purposes, but in no event for the purpose of killing bear.

3.__Penalty.__A person who violates this section is guilty of unlawful bear trapping.

A.__Unlawful bear trapping is a Class D crime for the first offense.

B.__Unlawful bear trapping is a Class C crime for a 2nd or subsequent offense.

Sec. 12. 12 MRSA §12404, sub-§1, ¶C, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

C. The commissioner may suspend the game laws relating to bears in such restricted localities and for such periods of time as the commissioner finds it advisable to relieve excessive damage being done by bears to sweet corn or other crops. Nothing in this paragraph is intended to limit or create an exception to sections 11302-A and 12260-A.

Sec. 13. 12 MRSA §12404, sub-§1, ¶D, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.