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

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

2. Penalty.__The following penalties apply to violations of this section.

A.__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.

B.__A person who violates subsection 1 and is in possession of night vision equipment 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; the court also shall impose a fine of not less than $2,000, none of which may be suspended.

C.__A person who violates subsection 1, is in possession of night vision equipment and has been convicted of a Class D crime within the past 10 years under Title 12, Part 13 commits a Class D crime for which the court shall impose a sentencing alternative of not less than 6 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 $2,000, none of which may be suspended.

For purposes of this subsection, "night vision equipment" means a light amplification or thermal imaging device.

Sec. 4. 12 MRSA §11901, 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 D, §7, is repealed and the following enacted in its place:

§11901. Raccoons

1.__Open season.__An open season for hunting raccoons established by the commissioner must be of uniform duration throughout the State.