D. The commissioner may terminate the open season on bear as established in paragraphs paragraph 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.

Sec. B-6. 12 MRSA §§11301 and 11302, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed.

Sec. B-7. 12 MRSA §§11301-A and 11302-A are enacted to read:

§11301-A.__Bear baiting

1.__Prohibition.__Bait, including, but not limited to, doughnuts and other pastries, grease, meat, fruits, vegetables, honey and any other food known to be attractive to bear, may not be used to hunt or attract bear, except as provided in subsection 2.

2.__Exceptions.__The use of bait to hunt or attract bear is lawful if:

A.__The bait is used by state or federal employees, acting in their official capacity, to attract a specific offending animal for purposes of protecting livestock, domestic animals, threatened or endangered wildlife, public or private property or public safety;

B.__The bait is used in conjunction with the operation of a feeding station for bear in order to prevent damage to commercial timberland, as long as the bait is used by owners or operators of that land, or their employees, pursuant to a permit granted by the department, but in no event for the purpose of killing bear; or

C.__The bait is used by the department or pursuant to a permit granted by the department to an accredited university for scientific or research purposes, but in no event for the purpose of killing bear.

3.__Penalty.__A person who violates this section is guilty of the unsportsmanlike practice of bear baiting, which is a Class D crime for the first offense.__A 2nd or subsequent offense is a Class C crime.

§11302-A.__Unlawfully hunting or pursuing bear with dogs; hounding