Each application must be accompanied by satisfactory evidence that the applicant meets the requirements of this subsection. A permit or license issued under this subsection remains valid for the life of the permit or license holder, as long as the permit or license holder continues to satisfy the residency requirement in section 7001, subsection 32 and the permit or license is not revoked or suspended.

Sec. 5. 12 MRSA §7432, sub-§2-A, ¶¶C and D, as enacted by PL 1997, c. 283, §2, are amended to read:

C. While trapping in any unorganized place, fails to visit each trap, except killer-type traps and water drowning sets, or fails to cause each trap to be visited at least once in every calendar day; or

D. While trapping in any unorganized place, fails to visit each killer-type trap or water drowning set or fails to cause each trap to be visited at least once in every 5 calendar days.

Sec. 6. 12 MRSA §7432, sub-§§4 and 5, as enacted by PL 1979, c. 420, §1, are amended to read:

4. Trapping without consent. A person trapping for any wild animal, except beaver, is guilty, except as provided in subsection 14, paragraphs D and E, of trapping without consent if he that person traps without first obtaining the written consent of the owner or occupant:

A. On land in any organized or incorporated place; or

B. 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.

5. Trapping near occupied dwelling without consent. A person trapping for any wild animal, except beaver, is guilty, except as provided in subsection 14, paragraphs D and E, of trapping near an occupied dwelling without consent if he that person:

A. Traps within 200 yards of an occupied dwelling; and

B. Fails to first obtain the written consent of the owner or occupant of the land on which the trap is to be set.

Sec. 7. 12 MRSA §7432, sub-§11, ¶A, as amended by PL 1991, c. 282, §1, is further amended to read:

A. Sets or tends a snare for the purpose of trapping any wild animal or wild bird, except as provided in section 7453-A 7035, subsection 3 and section 7453-B;

Sec. 8. 12 MRSA §7432, sub-§11, ¶B, as enacted by PL 1979, c. 420, §1, is amended to read:

B. Sets or tends a swivel, pivot or set gun for the purpose of killing, taking, catching, wounding, harming or molesting any wild animal or wild bird;

Sec. 9. 12 MRSA §7432, sub-§11, ¶D, as amended by PL 1985, c. 369, §15, is further amended to read:

D. Sells, advertises, gives notice of the sale or keeps for sale any swivel, pivot or set gun or poisonous substance for the taking of wild animals or wild birds.

Sec. 10. 12 MRSA §7432, sub-§14, ¶A, as amended by PL 1985, c. 369, §16, is further amended to read:

A. Notwithstanding subsection 6:

(1) A person may trap within 1/2 mile of the built-up portion of a city or village by the use of water drowning sets for mink and muskrat; and

(2) A person who has a written permit from the landowner may trap on that landowner's land with cage-type live traps and with water sets within 1/2 mile of the built- up portion of a city or village.

Sec. 11. 12 MRSA §7432, sub-§14, ¶C, as enacted by PL 1997, c. 283, §3, is amended to read:

C. The requirements of subsection 2-A do not apply to under ice water drowning sets for beaver and muskrat.

Sec. 12. 12 MRSA §7432, sub-§14, ¶¶D and E are enacted to read:

D.__The requirements of subsections 4 and 5 do not apply to beaver trapping.

E.__The requirements of subsections 4 and 5 do not apply when trapping with the use of drowning sets, as defined in section 7001, subsection 5-B:

(1)__Great ponds;

(2)__Navigable rivers and streams; and

(3)__Waters located within land that is publicly owned or controlled.

SUMMARY

This bill clarifies laws involving trapping. The bill:

1. Creates a new definition of "drowning set";

2. Repeals the definition of "water set";

3. Clarifies that all animal control officers must have a trapping license prior to setting traps for wild animals;

4. Adds "trapping license" to the list of complimentary licenses for which disabled veterans are eligible;

5. Amends the current trap tending requirements by replacing the term "water set" with the term "drowning set";

6. Clarifies that it is legal to use snares for animal damage control purposes. It also removes pivot and swivel guns from the list of prohibited implements;

7. Amends the list of exceptions to the trapping laws and adds language clarifying that the only exceptions to the written permission requirements when trapping on another's land in organized towns are when trapping beaver and when trapping with the use of drowning sets in great ponds, navigable waters and waters on lands that are publicly owned; and

8. Changes gender-specific language.