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.

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 seasons on bear as established in paragraphs 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 rights-of-way; 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 paragraphs 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.

ARTICLE 2

HUNTING METHODS SPECIFIC TO BEAR

§11301.__Placing of bear bait

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 2-wheel-drive or 4- wheel-drive vehicle;

B.__The stand, blind or bait area is plainly labeled with a 2-inch-by-4-inch tag with the name and address of the baiter;