A.__Hunt wild birds or wild animals from 30 minutes after sunset to 30 minutes before sunrise of the following day; or

B.__Possess any wild animal or wild bird taken in violation of paragraph A.

2. Penalty.__A person who violates subsection 1 commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

Sec. 143. 12 MRSA §11207, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.

Sec. 144. 12 MRSA §§11208 and 11209, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read:

§11208. Unlawful shooting or discharge of firearm

1. Shooting or discharge of firearm over or near public paved way. A person may not:

A. Shoot at any wild animal or wild bird from any public paved way or within 10 feet of the edge of the pavement of the public paved way or from within the right-of-way of any controlled access highway;

B. Discharge any firearm over a public paved way; or

C. Possess any wild animal or wild bird taken in violation of paragraph A or B, except as otherwise provided in this Part.

This subsection does not prohibit a person who has a valid permit to carry a concealed weapon from possessing that weapon on or near a public paved way as long as it is not used for shooting at wild animals or wild birds or discharged in violation of this subsection. A person who violates this subsection commits a Class E crime.

2.__Penalty.__A person who violates subsection 1 commits a Class E crime.

§11209. Discharge of firearm near dwelling