3. Penalty.__A person who violates subsection 1 or 2 commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not to exceed 180 days; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

Sec. 167. 12 MRSA §11352, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

§11352.__Bear tags and tagging bear

1.__Bear tags.__The commissioner shall prescribe the form and content of and produce a bear tag.

2.__Tagging.__Prior to presenting a bear for registration, a person may not possess or leave in the field or forest a bear killed by that person unless the bear has securely attached to it a plainly visible tag that conforms to the requirements established under this section.

3.__Penalties.__The following penalties apply to violations of this section.

A.__A person who violates subsection 2 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

B.__A person who violates subsection 2 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Sec. 168. 12 MRSA §11353, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.

Sec. 169. 12 MRSA §11354, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

§11354. Possessing gift bear