Maine Statute | Act | Code |Title 12. Conservation| US Code - US Statute | Chapter 917. Trapping (heading. Pl 2003, C. 414, Pt. A, @2 (new); Pt. D, @7 (aff); C. 614, @9 (aff))

USA Statutes : maine
Title : Title 12. CONSERVATION
Chapter : Chapter 917. TRAPPING (HEADING. PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

Title 12 - §12201. Trapping license

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSE REQUIREMENTS AND FEES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12201. Trapping license

1. License required. Except as otherwise authorized pursuant to this Part, a person may not trap unless that person has a valid license issued under this section. 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. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1-A. Trapping by agents of commissioner. The commissioner may authorize a full-time department employee to trap wild animals without a license for purposes of animal damage control. A person serving as an agent of the commissioner for purposes of animal damage control, including animal control officers appointed pursuant to Title 7, section 3947, must satisfy the licensing requirements of this section prior to trapping or attempting to trap a wild animal. [2003, c. 655, Pt. B, §209 (new); §422 (aff).]

2. Eligibility. The following persons are eligible to purchase a trapping license, subject to the provisions of subsection 3.

A. A resident 16 years of age or older is eligible to purchase a resident trapping license. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. A resident 10 years of age or older and under 16 years is eligible to purchase a resident junior trapping license. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. A resident under 10 years of age may trap without a license. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. A nonresident is eligible to purchase a nonresident trapping license. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

Nonresident aliens are ineligible to purchase a trapping license. [2003, c. 614, §9 (aff); c. 655, Pt. B, §211 (amd); §422 (aff).]

3. Successful completion of trapper evaluation program required for license. A person who applies for a state license to trap, other than a junior license, must submit proof of having successfully completed an education course of the type described in section 10108, subsection 7 or satisfactory evidence of having previously held an adult license to trap in this State or any other state, province or country in any year beginning with 1978. When proof or evidence can not otherwise be provided, the person may substitute a signed affidavit that that person has previously held the required adult trapping license or that that person has successfully completed the required trapper education course. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Issuance. The commissioner, or the commissioner's agent, may issue a license to engage in trapping. Clerks or other agents appointed by the commissioner shall charge a fee of $2 for each trapping license issued. The commissioner shall charge a fee of $1 for each trapping license issued by department employees. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Expiration. All licenses issued under this section are valid for one year commencing July 1st of each year. A resident junior trapping license issued to a person who has passed that person's 15th birthday is valid through the year for which the license was issued. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Trapping fees. The fees for trapping licenses are as follows:

A. A resident junior trapping license, for a person 10 years of age or older and under 16 years of age, is $9; [2005, c. 12, Pt. III, §23 (amd).]

B. A resident trapping license, for a person 16 years of age or older, is $35; and [2005, c. 12, Pt. III, §23 (amd).]

C. A nonresident trapping license is $310. [2005, c. 12, Pt. III, §23 (amd).]

[2005, c. 12, Pt. III, §23 (amd).]

7. Supervision of junior trappers. The following provisions must be observed.

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. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. A person over 10 years of age and under 16 years of age may not trap unless that person:

(1) Holds a junior trapping license; and

(2) Is accompanied by an adult at all times while trapping, unless the holder of the junior trapping license submits proof of having successfully completed an education course of the type described in section 10108, subsection 7.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

8. License violations. The following penalties apply to violations of restrictions of licenses under this section.

A. A person who violates a restriction of a license issued under this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2003, c. 655, Pt. B, §211 (new); §422 (aff).]

B. A person who violates a restriction of a license issued under this section 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. [2003, c. 655, Pt. B, §211 (new); §422 (aff).]

Each day a person violates a restriction of a license issued under this section is a separate offense. [2003, c. 614, §9 (aff); c. 655, Pt. B, §211 (rpr); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12202. Trapping by landowner

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSE REQUIREMENTS AND FEES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12202. Trapping by landowner

A resident and a member of the resident's immediate family, as long as the trapper's license to trap is not under suspension or revocation, may trap for wild animals, except beaver, without a trapping license issued under section 12201 on land: [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Possession. To which they are legally entitled to possession; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Domiciled. On which they are actually domiciled; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Agricultural purposes. That is used exclusively for agricultural purposes. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12203. Trapping by agents of commissioner (REPEALED)

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSE REQUIREMENTS AND FEES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12203. Trapping by agents of commissioner (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12251. Closed seasons

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12251. Closed seasons

1. General. Except as otherwise provided in this Part and except as the commissioner may establish by rule that is not inconsistent with this chapter, there is a perpetual closed season on trapping any wild animal or wild bird. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Unity Utilities District. There is a continued closed season on all wild animals and wild birds on property owned by the Unity Utilities District located on Route 139 and Prairie Road in the municipality of Unity in Waldo County. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Closed season violation. A person may not trap, or attempt to trap, any wild animal or wild bird during the closed season or possess any wild animal or wild bird taken during the closed season on that wild animal or wild bird. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).] A person who violates this subsection commits a Class E crime. [2003, c. 614, §9 (aff); c. 655, Pt. B, §213 (amd); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12252. Unlawful trapping methods

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12252. Unlawful trapping methods

1. Unlawfully rigging traps. A person may not use auxiliary teeth on any leg-hold trap set on land. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Use or possession of prohibited implements or aids. A person may not:

A. Set or tend a snare for the purpose of trapping any wild animal or wild bird, except as provided in section 10105, subsection 1 and section 12259; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Set or tend a set gun for the purpose of killing, taking, catching, wounding, harming or molesting any wild animal or wild bird; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Deposit any poisonous or stupefying substance for the purpose of killing, taking, catching, wounding, harming or molesting any wild animal or wild bird, except that a landowner or member of the landowner's immediate family may use gas cartridges on the landowner's own land for woodchuck control; or [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Sell, advertise, give notice of the sale or keep for sale any set gun or poisonous substance for the taking of wild animals or wild birds, except that a person may sell, advertise, give notice of sale of or keep for sale rodenticide for orchard mouse control and gas cartridges for woodchuck control. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Use of pole traps. A person may not use or set any steel trap on the top of a pole, constituting a device commonly known as a "pole trap" for the purposes of catching any wild bird. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Penalty. A person who violates this section commits a Class E crime. [2003, c. 655, Pt. B, §214 (new); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12253. Consent to trap

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12253. Consent to trap

1. Trapping without written consent. A person may not, without first obtaining the written consent of the landowner or occupant, trap any wild animal on land in any organized or incorporated place or on the cultivated or pasture area of land that is used for agricultural purposes in any unorganized place and on which land there is an occupied dwelling. The provisions of this subsection do not apply to:

A. Beaver trapping; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Trapping with drowning sets in navigable rivers and streams; or [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Trapping with drowning sets on state-owned land and public rights-of-way. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

A person who violates this subsection commits a Class E crime. [2003, c. 614, §9 (aff); c. 655, Pt. B, §215 (amd); §422 (aff).]

2. Trapping near occupied dwelling without written consent. A person may not trap any wild animal within 200 yards of an occupied dwelling without first obtaining the written consent of the owner or occupant of the land on which the trap is to be set. The provisions of this subsection do not apply to beaver trapping or trapping with drowning sets on state-owned land or public rights-of-way. A person who violates this subsection commits a Class E crime. [2003, c. 614, §9 (aff); c. 655, Pt. B, §215 (amd); §422 (aff).]

3. Trapping near compact, built-up portion of city or village. A person may not trap outside that person's land within 12 mile of the compact, built-up portion of a city or village, except:

A. A person may trap within 12 mile of the built-up portion of a city or village with drowning sets; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. A person who has a written permit from the landowner may trap on that landowner's land with cage-type live traps within 12 mile of the built-up portion of a city or village. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §215 (amd); §422 (aff).]

3-A. Penalties. The following penalties apply to violations of subsection 3.

A. A person who violates subsection 3 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2003, c. 655, Pt. B, §215 (new); §422 (aff).]

B. A person who violates subsection 3 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. [2003, c. 655, Pt. B, §215 (new); §422 (aff).]

[2003, c. 655, Pt. B, §215 (new); §422 (aff).]

4. Proof of ownership of land. Before any prosecution is made under subsection 1 or 2, the landowner or occupant shall provide proof to the commissioner of that landowner's ownership or that occupant's occupancy of the land in question. [2003, c. 614, §9 (aff); c. 655, Pt. B, §215 (amd); §422 (aff).]

5. Permission to trap on land of another. This section does not give license or permission to set, place or tend traps on property that is owned by another person. [2003, c. 614, §9 (aff); c. 655, Pt. B, §215 (amd); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12254. Labeling traps

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12254. Labeling traps

1. Prohibition. A person may not set a trap for any wild animal without having the trap plainly labeled with that person's full name and address. [2003, c. 655, Pt. B, §216 (new); §422 (aff).]

2. Penalties. The following penalties apply to violations of this section.

A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2003, c. 655, Pt. B, §216 (new); §422 (aff).]

B. A person who violates subsection 1 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. [2003, c. 655, Pt. B, §216 (new); §422 (aff).]

[2003, c. 655, Pt. B, §216 (new); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12255. Tending traps

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12255. Tending traps

1. Failure to visit traps. A person shall:

A. While trapping in an organized or incorporated place:

(1) Check each trap, except killer-type traps, at least once in every calendar day; and

(2) Check each killer-type trap at least once in every 3 calendar days; and
[2003, c. 614, §9 (aff); c. 655, Pt. B, §217 (amd); §422 (aff).]

B. While trapping in an unorganized place fail to:

(1) Check each trap, except killer-type traps and drowning sets, at least once in every calendar day; and

(2) Check each killer-type trap or drowning set at least once in every 5 calendar days.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

This subsection does not apply to under-ice drowning sets for beaver and muskrat. For the purposes of this subsection, "check" means to visit or cause to be visited. A person who violates this subsection commits a Class E crime. [2003, c. 614, §9 (aff); c. 655, Pt. B, §217 (amd); §422 (aff).]

2. Failure to remove animal from trap. A person shall remove or cause to be removed from that person's trap an animal found caught in that trap. A person who violates this subsection commits a Class E crime. [2003, c. 614, §9 (aff); c. 655, Pt. B, §217 (amd); §422 (aff).]

3. Carrying a firearm while trapping. Notwithstanding section 11205, subsection 1, paragraph A and section 11206-A, subsection 1, paragraph A, a person who holds a valid trapping license may carry a firearm at any time during the open trapping season for the sole purpose of dispatching trapped animals. [2003, c. 614, §9 (aff); c. 655, Pt. B, §217 (amd); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12256. Disturbing traps of another

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12256. Disturbing traps of another

A person may not disturb or take a trap or a wild animal from a trap, other than that person's own trap, without the consent of the owner of the trap, except that a landowner or occupant of land that the landowner or occupant is legally entitled to possess may remove any trap found on the land if permission has not been granted under section 12253, subsection 1 or 2 or the person has not obtained a written permit from the landowner to trap on that landowner's land with cage-type live traps within 12 mile of a built-up portion of a city or village. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).] div>
A person who violates this section commits a Class E crime. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12257. Trapping by certain department employees

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12257. Trapping by certain department employees

1. Prohibition. A department biologist or warden may not trap wild animals for profit while on duty within the district to which that person is assigned. [2003, c. 655, Pt. B, §218 (new); §422 (aff).]

2. Penalties. The following penalties apply to violations of this section.

A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2003, c. 655, Pt. B, §218 (new); §422 (aff).]

B. A person who violates subsection 1 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. [2003, c. 655, Pt. B, §218 (new); §422 (aff).]

[2003, c. 655, Pt. B, §218 (new); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12258. Eel permit for licensed trappers

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12258. Eel permit for licensed trappers

1. Issuance. The commissioner may issue a permit to any licensed trapper to take eels for baiting traps. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Restrictions. A licensed trapper who holds a valid eel permit may for purposes of baiting traps take eels by eel pots or hook and line. A person harvesting eels under this subsection may not use any means other than eel pots or hook and line to take eels and may not take more than 20 pounds of eels annually. [2003, c. 614, §9 (aff); c. 655, Pt. B, §219 (amd); §422 (aff).]

3. Penalties. The following penalties apply to violations of a restriction of a permit issued in accordance with this section.

A. A person who violates a restriction of a permit issued in accordance with this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2003, c. 655, Pt. B, §220 (new); §422 (aff).]

B. A person who violates a restriction of a permit issued in accordance with this section 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. [2003, c. 655, Pt. B, §220 (new); §422 (aff).]

Each day a person violates a restriction of a permit issued in accordance with this section is a separate offense. [2003, c. 614, §9 (aff); c. 655, Pt. B, §220 (rpr); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12259. Trapping beaver

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12259. Trapping beaver

1. Snares. A person may use snares to trap for beaver during the open beaver trapping season. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Rules. All rules adopted pursuant to section 10104, subsection 1 pertaining to the trapping of beaver with killer-type traps also apply to the trapping of beaver with snares. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Nonresident trapping beaver. A nonresident may not trap beaver in this State. A person who violates this subsection commits a Class E crime. [2003, c. 614, §9 (aff); c. 655, Pt. B, §221 (amd); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12260. Trapping bear

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 917: TRAPPING (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12260. Trapping bear

1. Open and closed season. There is an open season on trapping bear from September 1st to October 31st annually.

A. The commissioner may shorten the open season on bear 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.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The commissioner may terminate the open season on bear 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. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Unlawful trapping of bear. A person may not catch a bear in a trap and cause or allow another person to kill or register that bear. A person who violates this subsection commits a Class E crime. [2003, c. 614, §9 (aff); c. 655, Pt. B, §222 (amd); §422 (aff).]

3. Setting bear traps. Setting traps for bear is governed by this subsection.

A. A person may use a cable trap with a closing diameter of not less than 2 12 inches to trap bear in the State during the open season on bear. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. A person may not set a bear trap other than a cable trap, unless it conforms to the following specifications.

(1) The trap must be enclosed by at least 2 strands of wire, one strand 2 feet from the ground and one strand 4 feet from the ground.

(2) The wire must be securely held in position.

(3) The wire must be not less than 5 yards nor more than 10 yards at any point from the enclosed trap.

(4) The trap enclosure must be marked by substantial signs with the words "BEAR TRAP" in letters not less than 3 inches in height.

(5) The signs must be spaced around each enclosure at intervals of not more than 20 feet.

(6) Each sign must be securely fastened to the top strand of wire.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

A person who violates this subsection commits a Class E crime. [2003, c. 614, §9 (aff); c. 655, Pt. B, §222 (amd); §422 (aff).]

4. Trapping bear after having killed one. A person may not trap a bear after that person has killed or registered one during any open season. A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not too exceed 180 days and a fine of not less than $1,000, none of which may be suspended. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Exceeding bag limit on bears. Except as otherwise provided in this Part, a person may not possess more than one bear in any calendar year. A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not to exceed 180 days and a fine of not less than $1,000, none of which may be suspended. [2003, c. 614, §9 (aff); c. 655, Pt. B, §222 (amd); §422 (aff).]

6. Trapping bear near dumps. Trapping bear near dumps is governed by this subsection.

A. The commissioner, or the commissioner's agent, shall establish a line of demarcation at least 500 yards from sites permitted or licensed for the disposal of solid waste. [2003, c. 614, §9 (aff); c. 655, Pt. B, §223 (amd); §422 (aff).]

B. A person may not trap within the demarcation area established under paragraph A. The commissioner, or the commissioner's agent, is exempt from this prohibition for the purpose of live trapping of nuisance bears.

(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

(2) A person who violates subparagraph 1 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.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §224 (amd); §422 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §§223, 224 (amd); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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