Maine Revised Statutes Title 12 Sec. 12260-A – Bear trapping permit
Current as of: 2023 | Check for updates
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1. Permit required. Except as otherwise authorized pursuant to this Part a person may not trap for bear without a valid bear trapping permit during the open bear trapping season under section 12260, subsection 1.
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.
[PL 2007, c. 168, §7 (NEW); PL 2007, c. 168, §8 (AFF).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 12 Sec. 12260-A
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guide: means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. See Maine Revised Statutes Title 12 Sec. 10001
- Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
- Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Eligibility; license required. A person who possesses a valid trapping license or a license that authorizes the hunting of bear, deer, moose, bobcat and raccoon may obtain a permit to trap bear from the commissioner or the commissioner’s authorized agent.
[PL 2021, c. 100, §10 (AMD); PL 2021, c. 100, §13 (AFF).]
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 $10 for residents and $67 for nonresidents.
[PL 2021, c. 100, §11 (AMD); PL 2021, c. 100, §13 (AFF).]
4. Bear trapping education course requirements; proof of bear trapping permit. Beginning January 1, 2022, 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 Maine bear trapping permit in any year prior to 2022. When proof of competency cannot otherwise be provided, the applicant may substitute a signed affidavit stating that the applicant has successfully completed the required bear trapping education course or held a valid Maine bear trapping permit prior to 2022.
A person who is trapping for bear under the supervision of and in the presence of a licensed guide who has successfully completed the bear trapping education course is exempt from this subsection.
A person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Mi’kmaq Nation who presents certification from the appropriate reservation chief or governor or the Aroostook Micmac Council stating that the person is an enrolled member of a federally recognized Indian nation, band or tribe listed in this paragraph is exempt from this subsection.
For the purposes of this subsection, “in the presence of” means in visual and voice contact without the use of visual or audio enhancement devices, including but not limited to binoculars, citizen band radios or electronic communication systems.
[PL 2023, c. 228, §10 (AMD); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).]
SECTION HISTORY
PL 2007, c. 168, §7 (NEW). PL 2007, c. 168, §8 (AFF). PL 2021, c. 100, §§10-12 (AMD). PL 2021, c. 100, §13 (AFF). PL 2023, c. 228, §10 (AMD). PL 2023, c. 369, Pt. A, §4 (REV). PL 2023, c. 369, Pt. A, §5 (AFF).