| | 3.__Penalties.__The following penalties apply to violations of | a restriction of a permit issued in accordance with this section. |
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| A.__A person who violates a restriction of a permit issued | in accordance with this section commits a civil violation | for which a fine of not less than $100 nor more than $500 | may be adjudged. |
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| B.__A person who violates a restriction of a permit issued | in accordance with this section 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. |
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| Each day a person violates a restriction of a permit issued in | accordance with this section is a separate offense. |
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| | Sec. 226. 12 MRSA §12259, sub-§3, as enacted by PL 2003, c. 414, Pt. | A, §2 and affected by Pt. D, §7, is amended to read: |
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| | 3. Nonresident trapping beaver. A nonresident may not trap | beaver in this State. |
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| A person who violates this subsection commits a Class E crime. |
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| | Sec. 227. 12 MRSA §12260, sub-§§2, 3 and 5, as enacted by PL 2003, c. | 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: |
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| | 2. Unlawful trapping of bear. A person may not catch a bear | in a trap and cause or allow another person to kill or register | that bear. A person who violates this subsection commits a Class | E crime. |
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| | 3. Setting bear traps. Setting traps for bear is governed by | this subsection. |
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| A. A person may use a cable trap with a closing diameter of | not less than 2 1/2 inches to trap bear in the State during | the open season on bear. |
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| B. A person may not set a bear trap other than a cable | trap, unless it conforms to the following specifications. |
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| (1) The trap must be enclosed by at least 2 strands of | wire, one strand 2 feet from the ground and one strand | 4 feet from the ground. |
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| (2) The wire must be securely held in position. |
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