An Act To Give the Commissioner of Inland Fisheries and Wildlife Rule-making Authority To Establish a Bear Season Framework and Bag Limits”
Maine Legislature, Session 129, LD 1118
Committee Amendment CA_A_S485 (Senate)
Amends: 12 MRSA §10902, 12 MRSA §11151, 12 MRSA §11151-A, 12 MRSA §11251, 12 MRSA §11301, 12 MRSA §11351, 12 MRSA §12260-A

COMMITTEE AMENDMENT “      ” to S.P. 338, L.D. 1118, Bill, “An Act To Give 
the Commissioner of Inland Fisheries and Wildlife Rule-making Authority To Establish a 
Bear Season Framework and Bag Limits”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  12 MRSA §10902, sub-§6, ¶E, as repealed and replaced by PL 2011, c. 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, hunting or trapping bear after having killed 2 or exceeding 
the bag limit on bear, in violation of section 11217, or 11351 or 12260;
Sec. 2.  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 during the open season on 
hunting bear established pursuant to section 11251.  A person may hunt for bear without a 
valid permit during the open firearm season on deer under section 11401.  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. 3.  12 MRSA §11151, sub-§3, as amended by PL 2009, c. 213, Pt. OO, §6, is 
further amended to read:
3.  Issuance; permit fee.  The commissioner, through the commissioner's authorized 
agent, shall issue a bear hunting permit or permits to an eligible person.  When the bag 
limit on bear is more than one, a bear hunting permit is required for each bear.  The 
annual fee for each permit issued is $27 $10 for residents and $74 for nonresidents.
Date: 
(Filing No. S-          )
COMMITTEE AMENDMENT “      ” to S.P. 338, L.D. 1118
COMMITTEE AMENDMENT
Sec. 4.  12 MRSA §11151-A, sub-§3, as enacted by PL 2007, c. 168, §4 and 
affected by §8, is amended to read:
3.  Issuance; permit fee.  The commissioner, through the commissioner's authorized 
agent, shall issue a nonresident late season bear hunting permit or permits to an eligible 
person.  When the bag limit on bear is more than one, a bear hunting permit is required 
for each bear.  The annual fee for each permit issued is $40.
Sec. 5.  12 MRSA §11251, sub-§1, as amended by PL 2017, c. 357, §1, is further 
amended to read:
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 shall by rule establish 
an open season on hunting bear beginning no earlier than the 2nd Monday preceding 
September 1st and ending no later than November 30th annually.  The commissioner 
may, pursuant to section 10104, subsection 1, adopt rules prohibiting the use of bait 
or a dog or dogs to hunt black bear during any portion of the open bear hunting 
season.
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 during the open season on 
hunting bear established by the commissioner in accordance with paragraph A.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 6.  12 MRSA §11301, sub-§1, ¶E, as repealed and replaced by PL 2011, c. 
691, Pt. A, §9, is amended to read:
E.  The bait is placed not more than 30 days before the opening day of the season, 
and not more than 30 days before the first Monday preceding September 1st, and not 
after October 31st;
Sec. 7.  12 MRSA §11351, as amended by PL 2011, c. 309, §§2 and 3, is repealed 
and the following enacted in its place:
§11351.  Bear bag limit
The commissioner shall establish by rule limits on the number of bear a person may 
hunt, trap and possess in a season, which may not exceed 2 bears in total and may not 
exceed one bear by trapping in a calendar year, except a person may keep more than 2 
legally obtained bears in that person's home as otherwise provided in law or rule.  Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
1.  Hunting or trapping bear; limit.  A person may not in one calendar year:
A.  Hunt bear after that person has killed or registered the least of:
(1)  Two bears by means of hunting;
COMMITTEE AMENDMENT “      ” to S.P. 338, L.D. 1118
COMMITTEE AMENDMENT
(2)  One bear by means of hunting and one by means of trapping during the open 
season on trapping bear under section 12260; and
(3)  The maximum number established by rule under this section.
B.  Trap bear after that person has killed or registered the least of:
(1)  Two bears by means of hunting;
(2)  One bear by means of trapping during the open season on trapping bear 
under section 12260; and
(3)  The maximum number established by rule under this section.
The daily bag limit on bear taken by hunting is one bear.
2.  Exceeding possession limit on bear.  A person may not possess more than 2 
bears in any calendar year, or the maximum number of bear established by rule under this 
section, whichever is less, except a person may keep more than 2 legally obtained bear in 
that person's home or as otherwise provided in law or rule.
3.  Penalty.  A person who violates this section commits a Class D crime for which 
the court shall impose a sentencing alternative of not less than 3 days for the first offense 
and of not less than 10 days for each succeeding offense; the court also shall impose a 
fine of not less than $1,000.
Sec. 8.  12 MRSA §12260-A, sub-§2, as enacted by PL 2007, c. 168, §7 and 
affected by §8, is amended to read:
2.  Eligibility; trapping 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.
Sec. 9.  12 MRSA §12260-A, sub-§3, as enacted by PL 2007, c. 168, §7 and 
affected by §8, is amended to read:
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 $27 $10 for residents and $67 for nonresidents.
Sec. 10.  12 MRSA §12260-A, sub-§4 is enacted to read:
4.  Bear trapping education course requirements; proof of bear trapping permit.  
Beginning January 1, 2021, 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 2021.  When proof of competency cannot otherwise 
be provided, the applicant may substitute a signed affidavit that the applicant has 
successfully completed the required bear trapping education course or held a valid Maine 
bear trapping permit prior to 2021.
COMMITTEE AMENDMENT “      ” to S.P. 338, L.D. 1118
COMMITTEE AMENDMENT
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.
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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment makes the following changes to the bill.
1.  It requires the Commissioner of Inland Fisheries and Wildlife to establish by rule 
an open season on hunting bear beginning no earlier than the 2nd Monday preceding 
September 1st and ending no later than November 30th annually.
2.  It provides that the commissioner may adopt rules prohibiting the use of dogs to 
hunt black bear during any portion of the open bear hunting season.
3.  It provides that a person may not set bait earlier than 30 days before the first 
Monday preceding September 1st.
4.  It provides that, beginning January 1, 2021, to obtain a bear trapping permit, a 
person must either have successfully completed a bear trapping education course or have 
previously held a valid Maine bear trapping permit in any year prior to 2021.
5.  It removes from the bill the provisions that provide that sentences for certain 
violations of bear hunting and trapping laws may not be suspended.
6.  It provides that a person may hunt bear without a valid permit during the open 
firearm season on deer.
7.  It provides that a bear hunting permit is required for each bear when the bag limit 
on bear is more than one.
FISCAL NOTE REQUIRED
(See attached)
Revised: 07/23/20
LD 1118
LR 514(02)
FY 2019-20
FY 2020-21
Projections 
FY 2021-22
Projections 
FY 2022-23
Net Cost (Savings)
General Fund
$0
$0
$80,750
$80,750
Revenue
General Fund
$0
$0
($80,750)
($80,750)
Correctional and Judicial Impact Statements
Fiscal Detail and Notes
This bill allows the Department of Inland Fisheries and Wildlife (IFW) to establish bear hunting and trapping seasons 
and bag limits through rulemaking and reduces the fee charged for a resident bear hunting permit from $27 to $10. 
The fee reduction will result in an annual reduction of General Fund revenue of $80,750 starting in fiscal year 2021-
22. Any additional costs to IFW as a result of the rulemaking process for bear hunting and trapping seasons and bag 
limits are anticipated to be minor and can be absorbed within existing budgeted resources.  
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time.
The collection of additional fine and/or fee revenue will increase General Fund and dedicated revenue by minor 
amounts.
Fiscal Note
An Act To Give the Commissioner of Inland Fisheries and Wildlife Rule-making Authority To 
Establish a Bear Season Framework and Bag Limits
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Inland Fisheries and Wildlife
Fiscal Note Required: Yes
LR0514(02) - Fiscal Note - Page 1 of 1