B.__Set or tend a set gun for the purpose of killing, taking, catching, wounding, harming or molesting any wild animal or wild bird;

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

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.

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.

§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;

B.__Trapping with drowning sets in navigable rivers and streams; or

C.__Trapping with drowning sets on state-owned land and public rights-of-way.

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