An Act To Prohibit the Use of Dogs, Bait or Traps When Hunting Bears Except under Certain Circumstances
Maine Legislature, Session 126, LD 1845
Amends: 12 MRSA §10902, 12 MRSA §11151, 12 MRSA §11218, 12 MRSA §11251, 12 MRSA §11301, 12 MRSA §11302, 12 MRSA §11302-A, 12 MRSA §11303, 12 MRSA §11304, 12 MRSA §11305, 12 MRSA §11351, 12 MRSA §11452, 12 MRSA §11605, 12 MRSA §12051, 12 MRSA §12201, 12 MRSA §12204, 12 MRSA §12259-A, 12 MRSA §12260, 12 MRSA §12260-A

Legislative Document 
No. 1845 
I.B. 1 
House of Representatives, March 25, 2014 
An Act To Prohibit the Use of Dogs, Bait or Traps When Hunting 
Bears Except under Certain Circumstances 
Transmitted to the Clerk of the 126th Maine Legislature by the Secretary of State on March 
18, 2014 and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
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Sec. 1.  12 MRSA §10902, sub-§6, ¶E, as repealed and replaced by PL 2011, c. 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 in violation of section 11217, hunting or trapping bear after 
having killed 2 or exceeding the bag limit on bear, in violation of section 11217, 
11351 or 12260 hunting, enticing or attracting bear in violation of section 11301, 
11302-A or 12259-A; 
Sec. 2.  12 MRSA §10902, sub-§6, ¶G, as amended by PL 2013, c. 280, §3, is 
further amended to read: 
G.  Buying or selling moose, unlawfully hunting moose or unlawfully possessing 
moose, in violation of section 11154, 11217, 11601, 11651-A, 11652, 12302-A, 
12304-A, 12305 or 12403; or 
Sec. 3.  12 MRSA §10902, sub-§6, ¶H, as amended by PL 2013, c. 280, §4, is 
further amended to read: 
H.  Buying or selling wild turkeys, unlawfully hunting wild turkeys, unlawfully 
possessing wild turkeys or using unlawful methods to hunt wild turkeys, in violation 
of section 11217, subsection 1; section 11751-A; section 11801; or section 12306, 
subsection 1; or. 
Sec. 4.  12 MRSA §10902, sub-§6, ¶I, as enacted by PL 2013, c. 280, §5, is 
repealed. 
Sec. 5.  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 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. 6.  12 MRSA §11218, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
1.  Gate fees.  Gate fees or other access fees that are unrelated to the taking of game; 
or 
Sec. 7.  12 MRSA §11218, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
2.  Guiding fees.  Fees charged by licensed guides or other fees that are unrelated to 
access to land; or. 
Sec. 8.  12 MRSA §11218, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is repealed. 
Sec. 9.  12 MRSA §11251, as affected by PL 2003, c. 614, §9 and amended by c. 
655, Pt. B, §155 and affected by §422, is further amended to read: 
§11251.  Open and closed seasons 
1.  Open season on bear; commissioner's authority.  This subsection governs the 
open and closed seasons on bear. 
A.  There is an open season on hunting bear from the first Monday preceding 
September 1st to November 30th annually.  The commissioner may, pursuant to 
section 10104, subsection 1, adopt rules prohibiting the use of bait to hunt black bear 
during any portion of the open bear hunting season.  Rules adopted pursuant to this 
paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
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. 10.  12 MRSA §11301, sub-§1, as repealed and replaced by PL 2011, c. 691, 
Pt. A, §9, is repealed. 
Sec. 11.  12 MRSA §11301, sub-§1-A, as enacted by PL 2013, c. 280, §6, is 
amended to read: 
1-A.  Prohibition.  During the open season on hunting bear Unless expressly 
permitted by this section, a person may not within 50 yards of undertake any of the 
following activities related to a bait site established by another person in accordance with 
under this section 11227 without the written permission of the person who established the 
bait site: 
A.  Hunt, trap, molest or harass bear or release a dog or dogs for the purpose of 
hunting bear or training dogs to hunt bear within 50 yards of the bait site; or 
B.  Disturb the bait site through the use of chemicals or take other action intended to 
interfere with the hunting of bear at the bait site by the person who established the 
bait site. 
Sec. 12.  12 MRSA §11301, sub-§1-B is enacted to read: 
1-B.  Bear baiting.  A person may not place bait to entice, hunt or attract black bear 
unless: 
A.  The person is a state or federal employee acting in the state or federal employee's 
official capacity and only when using the bait is necessary to attract a specific 
offending bear for the purpose of protecting, and in response to a bona fide threat to, 
livestock, domestic animals, threatened or endangered wildlife or public safety; 
B.  The bait is used in conjunction with the operation of a feeding station for bear in 
order to prevent damage to commercial timberland, as long as the bait is used by 
owners or operators of that land, or their employees, pursuant to a permit granted by 
the department, but in no event for the purpose of killing bear; or 
C.  The bait is used by the department for scientific or research purposes 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.  
The bait must be placed more than 500 yards from an occupied dwelling, unless written 
permission is granted by the owner or lessee. 
Sec. 13.  12 MRSA §11302, as amended by PL 2013, c. 280, §7, is repealed. 
Sec. 14.  12 MRSA §11302-A is enacted to read: 
§11302-A.  Hunting bear with dogs 
1.  Hunting bear with dogs prohibited.  A person may not use one or more dogs to 
hunt or pursue bear, except as provided in subsection 2. 
2.  Exceptions.  The use of one or more dogs to hunt or pursue bear is permitted 
when the dog or dogs are used: 
A.  By a state or federal employee acting in the state or federal employee's official 
capacity and only when necessary to pursue a specific offending bear for the purpose 
of protecting, and in response to a bona fide threat to, livestock, domestic animals, 
threatened or endangered wildlife or public safety; or 
B.  By the department for scientific or research purposes or pursuant to a permit 
granted by the department to an accredited university for scientific or research 
purposes, but not for the killing of bear. 
Sec. 15.  12 MRSA §11303, sub-§2, as affected by PL 2003, c. 614, §9 and 
repealed and replaced by c. 655, Pt. B, §160 and affected by §422, is amended to read: 
2.  Prohibition.  A person may not within the area described in subsection 1: 
A.  Hunt bear; or 
B.  Trap bear; 
C.  Molest or harass a bear; or. 
D.  Release dogs for the purpose of hunting a bear. 
The commissioner, or the commissioner's agent, is exempt from this prohibition for the 
purpose of live-trapping nuisance bears. 
Sec. 16.  12 MRSA §11304, as affected by PL 2003, c. 614, §9 and amended by c. 
655, Pt. B, §161 and affected by §422, is repealed. 
Sec. 17.  12 MRSA §11305 is enacted to read: 
§11305.  Hunting bear using bait, dogs or traps prohibited 
1.  Prohibition against hunting with bait.  A person may not entice or attract bear 
through the use of bait, except as otherwise provided under this Part. 
2.  Prohibition against hunting with dogs.  A person may not hunt bear with a dog, 
except as otherwise provided under this Part. 
3.  Prohibition against hunting with traps.  A person may not trap bear, except as 
otherwise provided under this Part. 
Sec. 18.  12 MRSA §11351, sub-§1, as amended by PL 2011, c. 309, §2, is 
further amended to read: 
1.  Hunting bear; 2-bear limit.  A person may not hunt or trap bear after that person 
has killed or registered one 2 during an open season under section 11251 and one during 
the open season on trapping bear under section 12260. 
Sec. 19.  12 MRSA §11452, sub-§1, ¶B, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read: 
B.  Hunt from an observation stand or blind overlooking salt, grain, fruit, nuts or 
other foods known to be attractive to deer.  This prohibition does not apply to hunting 
from an observation stand or blind overlooking: 
(1)  Standing crops; 
(2)  Foods that are left as a result of normal agricultural operations or as a result 
of a natural occurrence; or 
(3)  Bear bait that is placed at a bear hunting stand or blind in accordance with 
section 11301, subsection 1 1-B. 
Sec. 20.  12 MRSA §11605, sub-§1, ¶B, as enacted by PL 2011, c. 253, §20, is 
amended to read: 
B.  Hunt from an observation stand or blind overlooking salt, grain, fruit, nuts or 
other foods known to be attractive to moose.  This prohibition does not apply to 
hunting from an observation stand or blind overlooking: 
(1)  Standing crops; 
(2)  Foods that are left as a result of normal agricultural operations or as a result 
of a natural occurrence; or 
(3)  Bear bait that is placed at a bear hunting stand or blind in accordance with 
section 11301, subsection 1 1-B. 
Sec. 21.  12 MRSA §12051, sub-§1, ¶C, as amended by PL 2011, c. 309, §4, is 
repealed. 
Sec. 22.  12 MRSA §12201, sub-§2, ¶C, as amended by PL 2009, c. 69, §2, is 
further amended to read: 
C.  A resident under 10 years of age may trap all legal species, except bear, without a 
license. 
Sec. 23.  12 MRSA §12201, sub-§7, ¶A, as amended by PL 2009, c. 69, §3, is 
further amended to read: 
A.  A person under 10 years of age may not trap unless that person is accompanied at 
all times while trapping by a parent or guardian or by an adult at least 18 years of age 
approved by a parent or guardian.  A person under 10 years of age may not trap bear. 
Sec. 24.  12 MRSA §12204, sub-§7, as enacted by PL 2011, c. 51, §1, is repealed. 
Sec. 25.  12 MRSA §12259-A is enacted to read: 
§12259-A.  Trapping bear 
1.  Trapping bear prohibited.  A person may not use or set a trap to hunt or capture 
bear, except as provided in subsection 2. 
2.  Exceptions.  The use of a trap to hunt or capture bear is permitted when the trap is 
used: 
A.  By a state or federal employee acting in the state or federal employee's official 
capacity and only when necessary to hunt or capture a specific offending bear for the 
purpose of protecting, and in response to a bona fide threat to, livestock, domestic 
animals, threatened or endangered wildlife or public safety; or 
B.  By the department for scientific or research purposes or pursuant to a permit 
granted by the department to an accredited university for scientific or research 
purposes, but not for the killing of bear. 
Sec. 26.  12 MRSA §12260, as amended by PL 2011, c. 253, §26 and c. 309, §§5 
and 6, is repealed. 
Sec. 27.  12 MRSA §12260-A, as enacted by PL 2007, c. 168, §7 and affected by 
§8, is repealed. 
SUMMARY 
This initiated bill prohibits the use of dogs to hunt or pursue bear, the use of bait to 
hunt or attract bear and the setting of a trap to hunt or capture bear.  The use of dogs, bait 
or a trap is permitted for certain scientific and research purposes or for state or federal 
employees when necessary to hunt or capture a specific offending bear that threatens 
livestock, domestic animals, threatened or endangered wildlife or public safety.  Baiting 
is also permitted by owners or operators of commercial timberlands in order to prevent 
damage to commercial timberland.