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Wednesday, 13 April 2011

Bear Bills Before the Legislature
Written by Robert Fisk, Jr.
Saturday, 30 April 2005
The bills before the 122nd legislature pertaining to bear hunting will all have their public hearing Thursday, April 28th at the Augusta Civic Center. The bills are listed below. MFOA is supporting all this legislation and encourages you to do so, but our two specific bills are L.D. 628 “An Act to Amend the Bear Hunting Laws”, which as previously mentioned, is strictly a ban on the use of hounds in bear hunting. The trapping language was inadvertently included and will be removed at the hearing. Our second bill is L.D. 1460 “An Act to Ban Hunting with Traps Except to Protect the Public”, which is five bear trapping bills moved into one piece of legislation. L.D. 314 (ban on bear baiting) will likely be withdrawn by the sponsor (over reaching after the referendum). Our focus is on bear hounding and trapping, which the legislature must look at seriously after the new public awareness and vote on the referendum. From an editorial in the Bangor Daily News two days after the election: “The results on a proposal to ban baiting, hounding, and trapping bears was 47 percent yes to 53% percent no, a vote much closer than this region might have guessed. Advocates of the ban need only look at Maine’s shifting population to figure out that their time is coming – unless alert lawmakers act sooner. A sensible step would be to separate baiting from trapping and hounding, protect the first and ban the latter two.”

Not to mention that if the Department of Inland Fisheries and Wildlife had not become involved in the campaign in an unprecedented way, illegally in our mind, we would have won a ban on all three practices. We still can win two of the three, but we need your help. With a strong show of support like many of you did during the referendum we can pass L.D. 628 and L.D. 1460. You active support is needed now. What can you do?

1. Attend the hearing on the 28th. The opponents will be out in force and we must show the committee and the media our support is just as strong. “No Bear Trapping or Hounding” stickers will be available at that door. Please mark you calendar for next Thursday afternoon. You may want to consider giving testimony at the hearing or giving the committee clerk your written testimony.

2. Please write The Committee members. This is important. Letters are better than emails. Be polite, informative, short, and direct as legislators get considerable mail. Send your letter to: Hon. Bruce Bryant, Hon. Thomas Watson and committee members, and mail it to: c/o Darlene Simoneau, Clerk, Committee on Inland Fisheries and Wildlife, 100 State House Station, Augusta, ME 043330-0100. Be sure to submit 20 copies (for committee distribution). It would be best that the Committee members received your letter before the hearing on the 28th. You should have plenty of information on bear trapping and hounding, but if not, go to the ‘The Bear Facts’ referendum tabloid and go to the MCFBH website www.fairbearhunting.org, or call our office and we can email or fax you information and talking points. The bear referendum web site will discontinue April 23rd with some of its material being transferred to the ‘new’ MFOA web site that should be online early next week.

Three talking points — we are the only state in the country that still allows the barbaric practice of a bear being shot at point blank range while agonizing in leghold trap. The main argument by the opponents of the referendum was bear management. That issue cannot be used against these bills. Only 12% of the bears taken each year in Maine are from hounding and trapping. For the cruelty involved in these practices enclosed is an Op-Ed at the end of this email that should be useful.

3. Send a copy of your letter to the committee to your State Representative (2 State House Station, Augusta, 04333-002) and your State Senator (3 State House Station, Augusta, ME 04333-0003). Write a note asking them to urge IF&W committee members to vote ‘unanimous out-to-pass” of L.D. 628 and LD. 1460, or at least be voted out of committee for the full legislature to vote on. And ask for their support when it comes to the floor for a vote. Ask neighbors and friends to do the same.

4. Write a letter to the editor for your local daily and weekly newspaper. Submit it soon for consideration in the next two weeks. Let us know if it gets published.

All the hard work that went into the bear referendum can finally realize a positive result for these magnificent animals that needlessly suffer from bear hounding and trapping practices in this state. Please do whatever you can today.

LD 48 An Act To Ensure the Safe and Timely Retrieval of Wounded Bear BY REQUEST
Presented by Representative WATSON of Bath.
Cosponsored by Senator BRYANT B of Oxford and Representative TRAHAN of Waldoboro

This bill authorizes the Commissioner of Inland Fisheries and Wildlife to issue permits to licensed guides to dispatch wounded bear. The bill also authorizes the commissioner to charge a $5 fee to cover the administrative costs of issuing a permit.

LD 137 An Act To Prohibit a Landowner from Charging a Fee for Bear Baiting
Presented by Senator COWGER of Kennebec.

This bill prohibits a landowner from charging a fee for bear baiting.

LD 314 An Act To Prohibit Bear Baiting
Presented by Representative EDER of Portland.

This bill prohibits bear baiting except when it is done to protect livestock, domestic animals, threatened or endangered wildlife, public or private property, public safety or commercial timberlands or for scientific or research purposes.

LD 516 An Act To Prohibit Bear Baiting within 100 Yards of an Adjoining Property
Presented by Representative SMITH W of Van Buren.
Cosponsored by Senator MARTIN of Aroostook and Representatives JACKSON of Fort Kent, MAZUREK of Rockland, PATRICK of Rumford, PERRY A of Calais

This bill prohibits bear baiting within 100 yards of an adjoining property unless written permission is granted by the owner or lessee.

LD 628 An Act To Amend the Bear Hunting Laws
Presented by Representative EBERLE of South Portland.
Cosponsored by Representative DUDLEY of Portland and Representative EDER of Portland

This bill prohibits the hunting of bears with dogs and authorizes the Commissioner of Inland Fisheries and Wildlife to create and issue permits that would allow a person to kill or register a bear that was caught in another person's trap.

LD 1093 An Act To Promote Public Safety by Banning the Feeding of Bears in the Wild
Presented by Representative EDER of Portland

This bill prohibits the feeding of bears in the wild. It does not apply to bear baiting for hunting.

LD 1319 An Act To Ban the Use of Traps and Dogs in Bear Hunting
Presented by Representative DUDLEY of Portland

This bill prohibits the use of a dog to hunt or pursue bear and the use or setting of a trap to hunt or capture bear except under certain circumstances. The use of a dog or a trap is permitted for certain scientific purposes or if undertaken by state or federal employees to kill or capture a specific animal that threatens livestock, domestic animals, threatened or endangered wildlife, property or public safety.

LD 1460 An Act To Ban Bear Hunting with Traps except To Protect the Public
Presented by Representative PELLETIER-SIMPS of Auburn.
Cosponsored by Senator STRIMLING of Cumberland and Representatives CHURCHILL of Washburn, EDER of Portland, HUTTON of Bowdoinham

This bill prohibits the trapping of bear except with the written permission of the Commissioner of Inland Fisheries and Wildlife to protect the public.

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Wow this is very disturbing to put it short. Most of the people creating these bills do not live in the areas that these practices are or would be happening. Unbelievable!!!!!!!

everybody should read that and do the same thing for our side or you wont be bear hunting much longer i hope the guide association and sam are involved in this they did not show up for the sunday hunting issues or coyote hunting bills i dont think..

What day do we need to be there? If at all! It says Thursday the 28th and then it says next Thursday afternoon.. I'm confused ARE THESE ISSUES FROM 2005 or 2011 someone needs to clarify!!! 1. Attend the hearing on the 28th. The opponents will be out in force and we must show the committee and the media our support is just as strong. “No Bear Trapping or Hounding” stickers will be available at that door. Please mark you calendar for next Thursday afternoon. You may want to consider giving testimony at the hearing or giving the committee clerk your written testimony

yup me too i am not sure either i have read it ten times and come up with a different conclusion each time . i marked the calender for the 28th which happens to be a thursday but I really am confused if anyone could help me out with this thanks Larry

go to the maine state legislature web site under bill tracking and type in bear hunting and all the bills come up this is one bill hp 0815 ld 1080 to stop trapping and hounding is this years bill. its the 125 legislature so i think that the previous post said 122 legislature at the top was from 2005 also aprril 28 2005 was a thursday. there still out there try to ban these hunting practices

i went on the mfoa web site and checked out who these people are and they clearly state on there site that some of there members and supporters are maine state legislators, political activist, wildlife conservationist, you guys need to find out who these state legislators are and put them in the spot light,

Crazy!!!!!There all CRAZY!,They all need to live on a Island somewhere with no food and all the bears we can ship them.......There real lunatics,CRAZY!!!!!!! I have to go lower my blood pressure.........

Bill I would suggest a remedy but then I would be facing charges but feel we need to begin to attack there liberal bobies and do it as fesicous as they are to us maybe stop the brutal cruel way there grapes are picked and stomped on to create the nasty wines it is unspeakable to see grapes treated that way. Also the vulgar dress and prissy attitudes displayed at there wine tasting gatherings. Maybe when we start giving them the mirror of there actions towards our hobies they will see the big picture. Also maybe more of us should have a revolutionary tea party and allow them to see what there future will be like . When say 4o bears begin going dumpster to dumpster in lets say Portland old port district all in one night who they call????????

..... second nature its our little joke ...Larry it was great talking with you tonight .I'm sure we'll be talking soon ..TIM

Go to-( http://www.maine.gov/legis )type in bill 1080 to see that it was printed, then do a search for "Bear" find it in the list and below is what it reads
State of Maine Legislature

Summary of LD 1080
Bill Info
LD 1080 (HP 815)
"An Act To Ban the Use of Traps and Dogs in Bear Hunting"
Sponsored by Representative Alan Casavant

Status Summary

Reference Committee Inland Fisheries and Wildlife
Last House Action 3/15/2011 - Committee on Inland Fisheries and Wildlife suggested and ordered printed.
The Bill was REFERRED to the Committee on INLAND FISHERIES AND WILDLIFE.
Sent for concurrence. ORDERED SENT FORTHWITH.
Last Senate Action 3/15/2011 - On motion by Senator Martin of Kennebec, REFERRED to the Committee on INLAND FISHERIES AND WILDLIFE and ordered printed, in concurrence.



THIS IS HOW IT CURRENTLY READS, AS MANY OF THESE ARE COMBINED WHEN WRITTEN



PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Ban the Use of Traps and Dogs in Bear Hunting
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §10260, as enacted by PL 2007, c. 168, §1 and affected by §8, is amended to read:
§ 10260.Black Bear Research Fund
The Black Bear Research Fund, referred to in this section as "the fund," is established within the department as a nonlapsing fund to be used by the commissioner to fund or assist in funding studies related to the management of black bears. Revenue from the nonresident late season bear hunting permit under section 11151A and the bear trapping permit under 12260A must be deposited in the fund. The commissioner may accept and deposit into the fund monetary gifts, donations or other contributions from public or private sources for the purposes specified in this section. The fund must be held separate and apart from all other money, funds and accounts.
Sec. 2. 12 MRSA §10902, sub-§6, E, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

E. Buying or selling bear,or hunting or trapping bear after having killed one or exceeding the bag limit on bear, in violation of section 11217 or 11351;
Sec. 3. 12 MRSA §10902, sub-§11 is enacted to read:

11. Mandatory hunting license suspension or revocation for practices regarding bear. The commissioner shall suspend a person's hunting license for at least 5 years if that person is convicted of:

A. Unlawfully hunting or pursuing bear with a dog or dogs in violation of section 11302A; or

B. Unlawful bear trapping in violation of section 12260B.

If a person is convicted of a violation under paragraph A or B for a 2nd or subsequent time, the commissioner shall revoke that person's hunting license permanently.
Sec. 4. 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 deerNovember 30th. 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. 5. 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 2A.

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 seasonsseason on bear as established in paragraphsparagraph 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 rightsofway; 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 paragraphsparagraph 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. 6. 12 MRSA §11301, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §156 and affected by §422, is further amended to read:

1. Bear baiting. A person may not use bait to hunt or trap black bear, unless:

A. The bait is placed at least 50 yards from a travel way that is accessible by a conventional 2wheeldrive or 4wheeldrive vehicle;

B. The stand, blind or bait area is plainly labeled with a 2inchby4inch tag with the name and address of the baiter;

C. The bait is placed more than 500 yards from a site permitted or licensed for the disposal of solid waste or a campground;

D. The bait is placed more than 500 yards from an occupied dwelling, unless written permission is granted by the owner or lessee;

E. The bait is placed not more than 30 days before the opening day of the season and not after October 31st;

F. The bait areas will be cleaned up by November 10th, as defined by the state litter laws; and

G. The person hunting from a stand or blind of another person has permission of the owner of that stand or blind.
Sec. 7. 12 MRSA §11302, as amended by PL 2009, c. 550, §4, is repealed.
Sec. 8. 12 MRSA §11302-A is enacted to read:
§ 11302-A. Unlawfully hunting or pursuing bear with dogs

1. Prohibition. It is unlawful to use a dog or dogs to hunt or pursue bear, except as provided in subsection 2.

2. Exception. The use of a dog or dogs to hunt or pursue bear is lawful when:

A. The dog or dogs are used by state or federal employees to pursue a specific offending animal when the employees or their designees are acting in their official capacity for purposes of protecting livestock, domestic animals, threatened or endangered wildlife, public or private property or public safety; or

B. The dog or dogs are used by the department 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.

3. Penalty. A person who violates this section commits:

A. A Class D crime for the first offense; and

B. A Class C crime for a 2nd or subsequent offense.
Sec. 9. 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 livetrapping nuisance bears.
Sec. 10. 12 MRSA §11304, first , as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
A person may not, without the permission of the person conducting the hunt, kill or wound a bear that is treed or held at bay by another person's dog or dogsperson.
Sec. 11. 12 MRSA §11351, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §162 and affected by §422, is further amended to read:

1. Hunting bear after having killed one. A person may not hunt or trap bear after that person has killed or registered one during any open season.
Sec. 12. 12 MRSA §12051, sub-§1, C, as amended by PL 2009, c. 550, §7, is repealed.
Sec. 13. 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. 14. 12 MRSA §12260, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §§222 to 224 and affected by §422, is repealed.
Sec. 15. 12 MRSA §12260-A, as enacted by PL 2007, c. 168, §7 and affected by §8, is repealed.
Sec. 16. 12 MRSA §12260-B is enacted to read:
§ 12260-B. Unlawful trapping of bear

1. Prohibition. It is unlawful to use or set a trap to hunt or capture bear, except as provided in subsection 2.

2. Exception. The use of a trap to hunt or capture bear is lawful in the following circumstances, as long as any use of a trap pursuant to this subsection is undertaken in the most humane manner practicable:

A. The trap is used by state or federal employees or their designees, acting in their official capacity, to hunt or capture a specific offending animal for purposes of protecting livestock, domestic animals, threatened or endangered wildlife, public or private property or public safety; or

B. The trap is used by the department 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.

3. Penalty. A person who violates this section is guilty of unlawful bear trapping.

A. Unlawful bear trapping is a Class D crime for the first offense.

B. Unlawful bear trapping is a Class C crime for a 2nd or subsequent offense.
Sec. 17. 12 MRSA §12404, sub-§1, C, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

C. The commissioner may suspend the game laws relating to bears in such restricted localities and for such periods of time as the commissioner finds it advisable to relieve excessive damage being done by bears to sweet corn or other crops. Nothing in this paragraph is intended to limit or create an exception to sections 11302A and 12260B.
Sec. 18. 12 MRSA §12404, sub-§1, D, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.

SUMMARY
This bill prohibits the use of a dog to hunt or pursue bear and the use or setting of a trap to hunt or capture bear except under certain circumstances. The use of a dog or a trap is permitted for certain scientific purposes or if undertaken by state or federal employees to kill or capture a specific animal that threatens livestock, domestic animals, threatened or endangered wildlife, property or public safety.

THE SCHEDULE FOR UPCOMING HEARINGS AND WORK SESSIONS CAN BE FOUND HERE

http://www.mainelegislature.org/legis/bills/phwksched_ps.asp?CODE=IFW&snum=125

I DO NOT BELIEVE IT HAS BEEN SCHEDULED YET, i WOULD EXPECT THAT IT WOULD NOT BE HELD AT THE CROSS BUILDING BUT AT THE CIVIC CENTER AS WHEN THEY TRIED BEFORE.
not shouting just trying to keep my words separate from the links and what I have copied and pasted

TIm lmao / swilcox thanks for clearing some of that up for me Larry