CHAPTER 307
H.P. 901 - L.D. 1193
An Act to Clarify Certain Laws Relating to the Harvesting of Wild Animals
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §7001, sub-§5-B is enacted to read:
5-B. Drowning set. "Drowning set" means a trap set for wild animals that is:
A. Set completely underwater; and
B. Rigged in such a way as to reasonably ensure the drowning of any species of trapped furbearer that would reasonably be expected to visit the set location and be held in the type of trap used at the set.
Sec. 2. 12 MRSA §7001, sub-§39, as repealed and replaced by PL 1989, c. 493, §1, is repealed.
Sec. 3. 12 MRSA §7036, sub-§7 is enacted to read:
7. Trapping by agents of the commissioner. A person, except a full-time department employee, 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 section 7133 prior to trapping or attempting to trap any wild animal.
Sec. 4. 12 MRSA §7076, sub-§4-B, as amended by PL 1999, c. 403, §4, is further amended to read:
4-B. Resident disabled veteran. A resident disabled veteran may apply to the commissioner for one or more of the following complimentary permits and licenses: a license to hunt with a firearm, a license to trap, a license to fish, archery hunting licenses as provided in sections 7102-A and 7102-B, a pheasant hunting permit as provided in section 7106-B and a muzzle-loading hunting license as provided in section 7107-A. The commissioner must shall issue the permit, license or licenses requested under this subsection if the commissioner determines the applicant is a resident disabled veteran and is not otherwise ineligible to hold that permit or license. For the purposes of this subsection, "resident disabled veteran" means a person who:
A. Is a resident as defined in section 7001, subsection 32;
B. Is a veteran as defined in Title 37-B, section 505, subsection 1, paragraph A, subparagraph (5); and
C. Has a service-connected disability evaluated at:
(1) One hundred percent; or
(2) Seventy percent or more as a result of honorable military service and who has served in a combat zone during any armed conflict in which participants were exposed to war risk hazards as defined in 42 United States Code, Section 1711 (b).
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, E and F, 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 F, 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, as amended by PL 1997, c. 283, §3, is further amended to read:
14. Exceptions.
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.
B. Notwithstanding subsection 11:
(1) A landowner or member of his the landowner's immediate family may use gas cartridges on his the landowner's own land for woodchuck control; and
(2) A person may sell, advertise, give notice of sale or keep for sale rodenticide for orchard mouse control and gas cartridges for woodchuck control.
C. The requirements of subsection 2-A do not apply to under ice water drowning sets for beaver and muskrat.
D. The requirements of subsections 4 and 5 do not apply to beaver trapping.
E. The requirements of subsection 4 do not apply when trapping with the use of drowning sets in navigable rivers and streams.
F. The requirements of subsections 4 and 5 do not apply when trapping with the use of drowning sets on state-owned land and public rights of way.
This subsection may not be construed as giving license or permission to set, place or tend traps on property that is owned by another person.
Effective September 21, 2001, unless otherwise indicated.
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