An Act Regarding the Authority of the Commissioner of Inland Fisheries and Wildlife To Issue Licenses to Beagle Clubs To Trap Snowshoe Hares
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is important to clarify as soon as possible the authority of the Commissioner of Inland Fisheries and Wildlife to issue licenses as described in this legislation; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §12261 is enacted to read:
The commissioner may issue a license to an organization recognized as a beagle club by the commissioner to take live snowshoe hares.
1. License required. Except as otherwise authorized pursuant to this Part, a beagle club may not trap a snowshoe hare without a valid license issued under this section. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
2. Traps labeled and checked daily. A beagle club may not set a trap for a snowshoe hare unless that trap is plainly labeled with the name of the beagle club and the telephone number of a contact person and is checked at least once every calendar day. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
3. Use of snowshoe hares. A snowshoe hare trapped pursuant to this section may not be used for anything other than to stock the running areas of the licensee and may not be given to any other beagle club or entity. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
4. Transport out of State. A snowshoe hare trapped pursuant to this section may not be transported out of the State. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
5. Trapping season for snowshoe hares. A beagle club may not trap for snowshoe hares except between September 1st and April 30th of each calendar year. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
6. Cottontail rabbits. A beagle club may not keep and must release immediately a cottontail rabbit caught in a trap. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
7. Reporting of trapped cottontail rabbits. As a condition of licensure under this section, a beagle club shall file with the department no later than July 1st of each calendar year a report of cottontail rabbits trapped pursuant to this section.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 12, 2007.