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 130, LD 0142
Committee: Inland Fisheries and Wildlife
Sponsors: MARTIN
Amends: 12 MRSA §10902, 12 MRSA §11151, 12 MRSA §11151-A, 12 MRSA §11251, 12 MRSA §11301, 12 MRSA §11351, 12 MRSA §12260, 12 MRSA §12260-A

Legislative Document
No. 142
H.P. 98
House of Representatives, January 21, 2021
An Act To Give the Commissioner of Inland Fisheries and Wildlife 
Rule-making Authority To Establish a Bear Season Framework and 
Bag Limits
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204.
Received by the Clerk of the House on January 19, 2021.  Referred to the Committee on 
Inland Fisheries and Wildlife pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MARTIN of Eagle Lake.
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Sec. 1.  12 MRSA §10902, sub-§6, ¶E, as repealed and replaced by PL 2011, c. 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, hunting or trapping bear after having killed 2 or exceeding 
the bag limit on bear, in violation of section 11217, or hunting or trapping bear or 
exceeding the bag limit on bear in violation of section 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.
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 bears 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;
(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; or
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 limit on bear.  A person may not possess more than 2 bears in any 
calendar year, or the maximum number of bears established by rule under this section, 
whichever is less, except a person may keep more than 2 legally obtained bears 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, sub-§4, as amended by PL 2011, c. 309, §5, is repealed.
Sec. 9.  12 MRSA §12260, sub-§5, as amended by PL 2011, c. 309, §6, is repealed.
Sec. 10.  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. 11.  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. 12.  12 MRSA §12260-A, sub-§4 is enacted to read:
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.
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.
Sec. 13.  Effective date.  This Act takes effect January 1, 2022.
SUMMARY
This bill does the following.
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 clarifies that the commissioner may adopt rules to set the dates when dogs may 
be used to hunt black bear during any portion of the open bear hunting season.
3.  It provides that a person may not set bear bait earlier than 30 days before the first 
Monday preceding September 1st.
4.  It reduces the fee for a resident bear permit from $27 to $10.
5.  It requires the commissioner to adopt rules governing the number of bears that may 
be hunted and trapped in a season, which may not be more than one by trapping or 2 in 
total.
6.  It establishes a daily bag limit of one bear by hunting.
7.  It provides that, beginning January 1, 2022, 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 2022.
8.  It provides that a resident may hunt bear without a valid permit during the open 
firearm season on deer.
9.  It allows a person who holds a license authorizing hunting big game to obtain a bear 
trapping permit.
10.  It provides that a bear hunting permit is required for each bear when the bag limit 
on bear is more than one.