Maine Bear Hunting Ban Initiative, Question 1 (2014)

Maine Question 1 Type Indirect initiated state statute Origin Citizens Topic Hunting Status Defeated d

2014 measures November 4 Question 1 d Question 2 a Question 3 a Question 4 a Question 5 a Question 6 a Question 7 a Polls Expenditures Local measures

The Maine Bear Hunting Ban Initiative, Question 1 was on the November 4, 2014 ballot in Maine as an indirect initiated state statute, where it was defeated. The measure, which was officially sponsored by the group Mainers for Fair Bear Hunting, asked voters whether or not certain practices of bear hunting, including use of bait, dogs and traps, should be prohibited.

Election results

Below are the official, certified election results:

Maine Question 1
Result		Votes	Percentage
d No		323,024	53.41%
Yes		281,728	46.59%

Election results via: Maine Bureau of Corporations, Elections and Commissions

Text of measure

Ballot title

The ballot question appeared as follows:

“

Do you want to ban the use of bait, dogs or traps in bear hunting except to protect property, public safety, or for research?

”

Full text

The full text can be read below:

Be it enacted by the People of the State of Maine as follows: Sec. 1. 12 MRSA §10902, sub-§6, ¶E, as repealed and replaced by PL 2011, c. 691, Pt. A, §7, is amended to read:

E. Buying or selling bear in violation of section 11217, hunting or trapping bear after having killed 2 or exceeding the bag limit on bear, in violation of section 11217,11351 or 12260 hunting, enticing or attracting bear in violation of section 11301, 11302-A or 12259-A;

Sec. 2. 12 MRSA §10902, sub-§6, ¶G, as amended by PL 2013, c. 280, §3, is further amended to read:

G. Buying or selling moose, unlawfully hunting moose or unlawfully possessing moose, in violation of section 11154, 11217, 11601, 11651-A, 11652, 12302-A, 12304-A, 12305 or 12403; or

Sec. 3. 12 MRSA §10902, sub-§6, ¶H, as amended by PL 2013, c. 280, §4, is further amended to read:

H. Buying or selling wild turkeys, unlawfully hunting wild turkeys, unlawfully possessing wild turkeys or using unlawful methods to hunt wild turkeys, in violation of section 11217, subsection 1; section 11751-A; section 11801; or section 12306, subsection 1; or.

Sec. 4. 12 MRSA §10902, sub-§6, ¶I, as enacted by PL 2013, c. 280, §5, is repealed.

Sec. 5. 12 MRSA §11151, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §118 and affected by §422, is further amended to read:

1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt for bear without a valid permit from the first Monday preceding September 1st to the day preceding the open firearm season on deer. This section does not apply to trapping for bear.

Each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.

Sec. 6. 12 MRSA §11218, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

1. Gate fees. Gate fees or other access fees that are unrelated to the taking of game; or

Sec. 7. 12 MRSA §11218, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

2. Guiding fees. Fees charged by licensed guides or other fees that are unrelated to 37 access to land; or.

Sec. 8. 12 MRSA §11218, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.

Sec. 9. 12 MRSA §11251, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §155 and affected by §422, is further amended to read:

§11251. Open and closed seasons

1. Open season on bear; commissioner's authority. This subsection governs the open and closed seasons on bear.

A. There is an open season on hunting bear from the first Monday preceding September 1st to November 30th annually. The commissioner may, pursuant to section 10104, subsection 1, adopt rules prohibiting the use of bait to hunt black bear during any portion of the open bear hunting season. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

B. There is an open season on using a dog or dogs in conjunction with bear hunting from the first Monday preceding September 1st to the day preceding the open firearm season on deer provided in sections 11401 and 11402.

C. The commissioner may shorten the open seasons season on bear as established in paragraphs paragraph A and B in any part of the State as long as:

(1) The demarcation of the areas with a shortened season follows recognizable physical boundaries such as rivers and railroad rights-of-way; and

(2) The decision is made and published prior to February 1st of any year.

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. 10. 12 MRSA §11301, sub-§1, as repealed and replaced by PL 2011, c. 691, Pt. A, §9, is repealed.

Sec. 11. 12 MRSA §11301, sub-§1-A, as enacted by PL 2013, c. 280, §6, is amended to read:

1-A. Prohibition. During the open season on hunting bear Unless expressly permitted by this section, a person may not within 50 yards of undertake any of the following activities related to a bait site established by another person in accordance with under this section 11227 without the written permission of the person who established the bait site:

A. Hunt, trap, molest or harass bear or release a dog or dogs for the purpose of hunting bear or training dogs to hunt bear within 50 yards of the bait site; or

B. Disturb the bait site through the use of chemicals or take other action intended to interfere with the hunting of bear at the bait site by the person who established the bait site.

Sec. 12. 12 MRSA §11301, sub-§1-B is enacted to read:

1-B. Bear baiting. A person may not place bait to entice, hunt or attract black bear unless:

A. The person is a state or federal employee acting in the state or federal employee's official capacity and only when using the bait is necessary to attract a specific offending bear for the purpose of protecting, and in response to a bona fide threat to, livestock, domestic animals, threatened or endangered wildlife 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 for scientific or research purposes 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.

The bait must be placed more than 500 yards from an occupied dwelling, unless written permission is granted by the owner or lessee.

Sec. 13. 12 MRSA §11302, as amended by PL 2013, c. 280, §7, is repealed.

Sec. 14. 12 MRSA §11302-A is enacted to read:

§11302-A. Hunting bear with dogs

1. Hunting bear with dogs prohibited. A person may not use one or more dogs to hunt or pursue bear, except as provided in subsection 2.

2. Exceptions. The use of one or more dogs to hunt or pursue bear is permitted when the dog or dogs are used:

A. By a state or federal employee acting in the state or federal employee's official capacity and only when necessary to pursue a specific offending bear for the purpose of protecting, and in response to a bona fide threat to, livestock, domestic animals, threatened or endangered wildlife or public safety; or

B. By the department for scientific or research purposes or pursuant to a permit granted by the department to an accredited university for scientific or research purposes, but not for the killing of bear.

Sec. 15. 12 MRSA §11303, sub-§2, as affected by PL 2003, c. 614, §9 and repealed and replaced by c. 655, Pt. B, §160 and affected by §422, is amended to read:

2. Prohibition. A person may not within the area described in subsection 1:

A. Hunt bear; or B. Trap bear; C. Molest or harass a bear; or. D. Release dogs for the purpose of hunting a bear.

The commissioner, or the commissioner's agent, is exempt from this prohibition for the purpose of live-trapping nuisance bears.

Sec. 16. 12 MRSA §11304, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §161 and affected by §422, is repealed.

Sec. 17. 12 MRSA §11305 is enacted to read:

§11305. Hunting bear using bait, dogs or traps prohibited

1. Prohibition against hunting with bait. A person may not entice or attract bear through the use of bait, except as otherwise provided under this Part.

2. Prohibition against hunting with dogs. A person may not hunt bear with a dog, except as otherwise provided under this Part.

3. Prohibition against hunting with traps. A person may not trap bear, except as otherwise provided under this Part.

Sec. 18. 12 MRSA §11351, sub-§1, as amended by PL 2011, c. 309, §2, is further amended to read:

1. Hunting bear; 2-bear limit. A person may not hunt or trap bear after that person has killed or registered one 2 during an open season under section 11251 and one during the open season on trapping bear under section 12260.

Sec. 19. 12 MRSA §11452, sub-§1, ¶B, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

B. Hunt from an observation stand or blind overlooking salt, grain, fruit, nuts or other foods known to be attractive to deer. This prohibition does not apply to hunting from an observation stand or blind overlooking:

(1) Standing crops;

(2) Foods that are left as a result of normal agricultural operations or as a result of a natural occurrence; or

(3) Bear bait that is placed at a bear hunting stand or blind in accordance with section 11301, subsection 1 1-B.

Sec. 20. 12 MRSA §11605, sub-§1, ¶B, as enacted by PL 2011, c. 253, §20, is amended to read:

B. Hunt from an observation stand or blind overlooking salt, grain, fruit, nuts or other foods known to be attractive to moose. This prohibition does not apply to hunting from an observation stand or blind overlooking:

(1) Standing crops;

(2) Foods that are left as a result of normal agricultural operations or as a result of a natural occurrence; or

(3) Bear bait that is placed at a bear hunting stand or blind in accordance with section 11301, subsection 1 1-B.

Sec. 21. 12 MRSA §12051, sub-§1, ¶C, as amended by PL 2011, c. 309, §4, is repealed.

Sec. 22. 12 MRSA §12201, sub-§2, ¶C, as amended by PL 2009, c. 69, §2, is further amended to read:

C. A resident under 10 years of age may trap all legal species, except bear, without a license.

Sec. 23. 12 MRSA §12201, sub-§7, ¶A, as amended by PL 2009, c. 69, §3, is further amended to read:

A. A person under 10 years of age may not trap unless that person is accompanied at all times while trapping by a parent or guardian or by an adult at least 18 years of age approved by a parent or guardian. A person under 10 years of age may not trap bear.

Sec. 24. 12 MRSA §12204, sub-§7, as enacted by PL 2011, c. 51, §1, is repealed.

Sec. 25. 12 MRSA §12259-A is enacted to read:

§12259-A. Trapping bear

1. Trapping bear prohibited. A person may not use or set a trap to hunt or capture bear, except as provided in subsection 2.

2. Exceptions. The use of a trap to hunt or capture bear is permitted when the trap is used:

A. By a state or federal employee acting in the state or federal employee's official capacity and only when necessary to hunt or capture a specific offending bear for the purpose of protecting, and in response to a bona fide threat to, livestock, domestic animals, threatened or endangered wildlife or public safety; or

B. By the department for scientific or research purposes or pursuant to a permit granted by the department to an accredited university for scientific or research purposes, but not for the killing of bear.

Sec. 26. 12 MRSA §12260, as amended by PL 2011, c. 253, §26 and c. 309, §§5 and 6, is repealed.

Sec. 27. 12 MRSA §12260-A, as enacted by PL 2007, c. 168, §7 and affected by §8, is repealed.

SUMMARY

This initiated bill prohibits the use of dogs to hunt or pursue bear, the use of bait to hunt or attract bear and the setting of a trap to hunt or capture bear. The use of dogs, bait or a trap is permitted for certain scientific and research purposes or for state or federal employees when necessary to hunt or capture a specific offending bear that threatens livestock, domestic animals, threatened or endangered wildlife or public safety. Baiting is also permitted by owners or operators of commercial timberlands in order to prevent damage to commercial timberland.

Fiscal note

The fiscal note read as follows:

“

Preliminary Fiscal Impact Statement Minor cost increase - General Fund No net revenue impact - General Fund Correctional and Judicial Impact Statements Establishes new Class E crimes. The number of new charges filed is expected to be insignificant. The collection of additional fines may increase General Fund revenue by minor amounts. Fiscal Detail and Notes This citizen initiative proposes to prohibit the use of dogs to hunt or pursue bear, the use of bait to hunt or attract bear and the setting of traps to hunt bear. Although these provisions may initially decrease certain license sales to the Department of Inland Fisheries and Wildlife, hunters currently using the methods prohibited here may choose to purchase licenses to hunt without these methods, mitigating any revenue loss from license sales. In addition, minor fine revenue from violations of the provisions would further offset any remaining decline in license sales. Overall no significant impact to General Fund revenue is anticipated.

”

Background

This measure would not have gone to the ballot if a legislative bill, LD 1474, sponsored by Rep. Denise Harlow (D-116), had been passed by the legislature. This bill sought to enact laws similar to those stipulated in the initiative. A similar measure appeared on the ballot and was defeated in the general election on November 2, 2004.

Support

Fair Bear Hunt: Yes on 1

The group Mainers for Fair Bear Hunting officially sponsored the measure. The Humane Society of the United States also supported the initiative and donated money to support the measure. Supporters were confident that the 2014 measure would fare better than its decade-old predecessor. Katie Hansberry, campaign director for Mainers for Fair Bear Hunting, said, "This is an issue that is still important to Mainers all around the state. Baiting bears is a problematic and reckless practice." Supporters of the measure argued that certain methods used to lure and hunt bears are inhumane.

Supporters

Individuals

• Rep. Denise Harlow (D-116)
• Rep. Ben Chipman (I-119)
• Rep. Alan Casavant (D-137), Mayor of Biddeford, ME
• Bill Maher, TV host, comedian, political commentator

Organizations

• Wildlife Alliance of Maine
• Coastal Humane Society
• Animal Refuge League
• The American Society for the Prevention of Cruelty to Animals
• Spay Maine
• Humane Society Legislative Fund
• Maine Friends of Animals
• In Defense of Animals
• Animal Welfare Society
• Big Wildlife
• Project Coyote
• The Humane Society of the United States
• International Fund for Animal Welfare
• Humane Society Veterinary Medical Association
• Born Free USA
• Red Rover
• SPCA of Hancock County
• Great Bear Foundation
• The Ark Animal Shelter
• Halfway Home Pet Rescue
• Underhound Railroad Rescue
• Endangered Species Coalition
• Another Chance Animal Rescue
• GreenWays Center for Environment and Community
• The Maine POM Project
• Maine Citizens Against Puppy Mills
• Kennebec Valley Humane Society
• Maine Animal Coalition
• Fur & Feathers Animal Rescue
• Citizens Opposing Active Sonar Threats (COAST)
• Living with Wildlife Foundation
• Environmental Action
• Justice For Wolves
• Southwest Harbor Animal Welfare Shelter
• Paw It Forward Foundation
• Institute for Humane Education
• Blixx Horses
• Somerset County Animal Shelter
• Center for Wildlife Ethics
• Peace Ridge Sanctuary, Penobscot, ME
• Animal Legal Defense Fund
• Voice For Animals, Harrison, ME

Arguments

Mainers for Fair Bear Hunting listed the following on their website as arguments in favor of Question 1:

“

Baiting hooks bears on human junk food in order to lure them in for an easy trophy kill. Even the opposition's numbers show baiting isn't working: the bear population has grown in Maine by 253% since 1975, when baiting became popular. In Maine, baiting hasn't stabilized the bear population -- it's grown by 30% since 2004. Meanwhile, other states have taken the lead and enacted less cruel, more effective methods of stabilization. Washington, Colorado, and Oregon have proven that since prohibiting baiting and hounding 20 years ago, bear populations have actually stabilized. We need to follow their lead in Maine, not continue to shun science. Bear trapping is so cruel that Maine is the very last state in the country to still allow this practice. A bear’s instinct is to break free from foot snare traps, which can lead to extensive injuries to the animals. Trappers have even reported bears chewing off their own paws to free themselves. Since these traps must be checked only once per day, the bear could be suffering for hours in excruciating pain. Mother bears are particularly vulnerable to baiting. When they are killed, they leave behind orphaned cubs that are frequently unable to survive on their own. Bear hounding uses high-tech, unsporting equipment. There is nothing "natural" or "traditional" about packs of dogs outfitted with GPS devices forced to run down bears. Dogs trap bears in trees, allowing houndsmen to follow a GPS signal with a handheld computer to find the frightened and exhausted bear and shoot them off tree limbs at point-blank range. After gaining their trust by luring them day after day to barrels full of donuts, bears are then shot at close range for an easy trophy kill. Only 12% of bears killed in Maine are taken via hounding -- where packs of trained dogs fitted with GPS collars allow houndsmen to remotely follow the dogs' movement for miles on computer screens. Hounds trap the bears in trees, allowing the houndsmen to follow their GPS for easy kills at short range. Baiting unnaturally concentrates bears, which leads to older males preying on cubs. Hounding pits dogs against bears. If a bear is unable to escape up a tree, in exhaustion, the bear may turn and face the pack. This confrontation can result in serious or fatal injuries to either species. Bear hounding, baiting, and trapping does not reflect traditional Maine hunting values. Traditional hunters prefer a fair chase during the hunt. There is no sport in using traps, bait, or packs of dogs equipped with radio collars or GPS transmitters to kill a bear. That is not hunting. Instead, it is shooting animals for a trophy and that is not the Maine way. Dumping 6 million pounds of junk food into the woods, luring bears to specific sites, and then shooting them at close range has no fair chase element involved -- it isn't hunting. According to Tom Beck, retired bear biologist, prohibiting baiting fosters more effective hunting techniques: "I don't believe anyone who says you can't hunt bears in the fall when they're on berries or nuts. You can predict where they're going to be, and if you're a woodsman, all you have to do is scout those places. After we prohibited baiting, it took only two years for our hunters to get to the point where they were killing more bears than they were before." Using hounds pits exhausted bears against packs of hound dogs, resulting in injuries or mortality to both the bears and the dogs.

”

The League of Women Voters of Maine published a nonpartisan voter's guide featuring arguments for and against the measures. Arguments for the measure include:

“	Using bait, dogs, or traps to hunt is not a sport. Bears do not have a fair chance to escape. Feeding bears junk food as bait causes their numbers to grow. Feeding bears human food makes them less afraid of humans and more likely to approach homes in search of human food. Bears can hurt dogs when they fight back. Maine is the only state that allows bear trapping. A bear can remain in a trap for more than 24 hours before the hunter arrives to kill it. Maine people will still be able to hunt bears with bows and guns.	”
—League of Women Voters of Maine

Campaign contributions

The group Mainers for Fair Bear Hunting raised a total of $3,047,203 in support of the measure, as of December 31, 2014.

Total campaign cash as of December 31, 2014
Support:	$3,047,203
Opposition:	$2,425,986

PAC info:

PAC	Amount raised	Amount spent
Mainers for Fair Bear Hunting	$3,047,203	$2,665,785
Total	$3,047,203	$2,665,785

Top contributors:

Donor	Amount
Humane Society of the United States	$1,910,000
Humane Society Legislative Fund	$638,760

Opposition

Maine Wildlife Conservation Council: No on 1

The group, Save Maine’s Bear Hunt, came out as one of the measure's main opponents. David Trahan, executive director of the Sportsman’s Alliance of Maine and a member of Save Maine's Bear Hunt, refuted Hansberry's statement. He and his fellow opponents believe that bear hunting is an important part of the state's economy and think bear populations should continue to be managed by biologists at the Maine Department of Inland Fisheries and Wildlife.

Opponents

Officials

• Governor Paul LePage (R)
• Congressman Mike Michaud (D-2)
• Senator Troy Jackson (D-35)
• Senator Emily Cain (D-30)
• Rep. Stacey Guerin (R-22)
• Rep. Jeffery Gifford (R-12)
• Rep. Windol Weaver (R-150)
• Rep. Ricky Long (R-9)
• Rep. Jeffrey Evangelos (I-49)
• Rep. Peter Johnson (R-27)
• Rep. Sheryl Briggs (D-93)
• Rep. Paul Gilbert (D-87)
• Rep. Larry Dunphy (R-88)
• Rep. Stephen Wood (R-75)
• Rep. Peter Doak (R-33)
• Sen. David Dutremble (D-4)
• Rep. Michael Shaw (D-102)
• Rep. Raymond Wallace (R-24)
• Rep. Joyce Maker (R-31)
• Rep. Jarrod Crockett (R-91)
• Rep. Jeffrey Timberlake (R-96)
• Rep. Walter Kumiega (D-36)
• Rep. Brian Duprey (R-39)
• Rep. Thomas Tyler (R-110)
• Rep. Joyce Fitzpatrick (R-8)
• Sen. John Patrick (D-14)
• Rep. David Johnson (R-20)
• Rep. Ellen Winchenbach (R-50)
• Rep. Tom Winsor (R-95)
• Sen. Colleen Lachowicz (D-25)
• Rep. Tyler Clark (R-6)
• Rep. H. David Cotta (R-55)
• Rep. Brian Jones (D-45)
• Rep. Dean Cray (R-28)
• Rep. Jethro Pease (R-44)
• Rep. Eleanor Espling (R-105)
• Rep. James Gillway (R-41)
• Sen. David Burns (R-29)
• Rep. Corey Wilson (R-56)
• Rep. Deborah Sanderson (R-52)
• Sen. Roger Katz (R-24)
• Rep. Dale Crafts (R-104)
• Sen. Anne Haskell (D-9)
• Rep. Alexander Willette (R-7)
• Rep. Beth Turner (R-11)
• Rep. James Campbell (I-138)
• Rep. Bob Nutting (R-78)
• Rep. Kenneth Fredette (R-25)
• Rep. Bill Noon (D-144)
• Rep. Robert Saucier (D-5)
• Sen. James Hamper (R-13)
• Rep. Carol McElwee (R-4)
• Rep. Wayne Parry (R-140)
• Sen. Andre Cushing (R-33)
• Sen. Thomas Saviello (R-18)
• Rep. Tim Marks (D-53)
• Sen. Mike Thibodeau (R-23)
• Rep. Stephen Stanley (D-10)
• Rep. Mike McClellan (R-103)
• Rep. Russell Black (R-90)
• Rep. Joseph Brooks (U-42)
• Rep. Bernard Ayotte (R-3)
• Rep. Richard Campbell (R-40)
• Rep. Paul Davis (R-26)
• Rep. Stanley Short (D-29)
• Sen. Rodney Whittemore (R-26)
• Sen. Garrett Mason (R-17)
• Rep. Donald Marean (R-131)
• Rep. Matthew Pouliot (R-57)
• Rep. Lance Harvell (R-89)
• Sen. Edward Youngblood (R-31)
• Rep. Dennis Keschl (R-83)
• Rep. Roger Reed (R-23)
• Rep. Richard Malaby (R-34)
• Rep. Amy Volk (R-127)
• Rep. Jeff McCabe (D-5)
• Sen. Roger Sherman (R-34)
• Sen. John Tuttle (D-3)
• Rep. Jonathan Kinney (R-99)
• Rep. Kathleen Chase (R-147)
• Sen. Brian Langley (R-28)
• Sen. Doug Thomas (R-27)
• Rep. Allen Michael Nadeau (R-1)
• Rep. Terry Hayes (D-94)
• Rep. Archie Verow (D-21)
• Rep. Lisa Villa (D-98)
• Eliot Cutler, 2014 candidate for governor
• Bruce Poliquin, 2014 candidate for the U.S. House
• Kevin Raye, former 2014 candidate for the U.S. House
• Blaine Richardson, 2014 candidate for the U.S. House
• Richard Rosen, former state senator and former 2014 candidate for the U.S. House

Organizations

• Sportsman’s Alliance of Maine – SAM
• United States Sportsman’s Alliance
• Maine Professional Guides Association
• Maine Bowhunter’s Association
• Maine Trapper’s Association MTA
• National Rifle Association NRA
• IAMAW District Lodge #4
• Maine Farm Bureau
• Safari Club International
• Maine Chapter Maine Forest Products Council
• Downeast Houndsmen
• Maine Sporting Dogs Association
• Maine Snowmobile Association
• Maine State Council of Machinists
• Maine Council AFL-CIO
• Pine Tree Coon Cat and Bear Association
• North Maine Woods
• Virginia Bear Hunters Association
• Federation of Maine Dog Clubs and Responsible Owners
• Maine Tourism Association
• Maine Woods Coalition
• Wisconsin Bear Hunter's Association
• Maine Sporting Camp Association
• National Wild Turkey Federation
• Vermont Bear Hound Association
• Northern Maine Development Commission
• Pennsylvania Trappers Association
• Vermont Trappers Association
• Presque Isle Fish and Game Club
• Penobscot Long Rifles
• Penobscot County Conservation Association
• Phippsburg Sportsmen's Association
• Wiscasset Rod and Gun Club
• Durham Rod and Gun Club
• North Berwick Rod and Gun Club
• Black Bear Rod and Gun Club
• Falmouth Rod and Gun Club
• Bucks Mills Rod and Gun Club
• Norway-Paris Fish and Game Association
• Wilton Fish and Game Club
• Rangeley Region Guides and Sportsmen's Association
• New London/Windham County League of Sportsman's Clubs
• Lamoille Valley Fish and Game Club
• Royal River Rod and Gun Club
• Maine Elver Fisherman Association
• The Alewife Harvesters of Maine
• York County Fish and Game Club
• Sullivan County Sportsmen
• Fryeburg Fish and Game Association
• Skowhegan Sportsman's Club
• Barre Fish and Game Club
• Pointer Fish and Game Club
• Vermont Federation of Sportsmen's Clubs
• New Hampshire Wildlife Federation
• Windham-Gorham Rod and Gun Club
• Northern York County Rod and Gun Club
• Pinnacle Mountain Fish and Game Club
• Winnipesaukee Sportsmen's Club
• Warner Fish and Game Club
• Boggestowe Fish and Game Club
• Old #4 Rod Gun and Snowmobile Club
• Belknap County Sportsmen's Association
• Massachusetts Chapter NWTF
• WV Bear Hunters Association
• Kezar Falls Fish and Game Association
• South Berwick Rod and Gun Association
• Lisbon Fish and Game Association
• Greencastle Sportsman's Club
• Pine Tree Rod and Gun Club
• Kinnicum Fish and Game Club
• SCI New York Metro
• Cobbosseecontee Snowmobile Club
• Victory Sportsmen's Club
• Stump Jumpers
• SCI New Hampshire Chapter
• NH Bear Hunters Association
• SCI NY Tri-State Chapter
• Randolph Fish and Game Club
• Pomfret Sportsman's Club
• Redfield Fish and Game Club
• Vermont Bowhunter's Association
• Androscoggin County Fish and Game Assoc.
• West Virginia Bowhunters Association
• National Shooting Sports Foundation

Arguments

The League of Women Voters of Maine published a nonpartisan voter's guide featuring arguments for and against the measures. Arguments against the measure included:

“	Banning the use of bait, dogs, or traps in bear hunting would discourage hunters from visiting Maine. Maine people would lose business and jobs. The number of bears in Maine has grown by 67 percent (2/3) since 1990. Hundreds of people complain about bears every year, so we need to keep their population in check. Hunters already kill too few bears every year to keep the population steady. The bear population would grow even more without the use of bait, dogs, or traps in hunting.	”
—League of Women Voters of Maine

Campaign contributions

The group Maine Wildlife Conservation Council raised a total of $2,425,986 as of December 31, 2014, in opposition to the measure.

PAC info:

PAC	Amount raised	Amount spent
Maine Wildlife Conservation Council	$2,425,986	$2,295,466
Total	$2,425,986	$2,295,466

Top contributors:

Donor	Amount
James Harris	$381,000
Friends of Maine Sportsmen	$140,846
U.S. Sportsmen's Alliance	$125,000
Maine Professional Guides	$111,278

Media editorial positions

See also: Endorsements of Maine ballot measures, 2014

Opposition

• The Bangor Daily News said,

“	Maine has the largest — and most studied — black bear population in the eastern U.S. And, because most bears live where the human population is sparse, there are few conflicts between the two. This balance would be disrupted by ending the state’s bear hunt as we know it, which Question 1 would do. Voters should reject this referendum, put on the Nov. 4 ballot by Mainers for Fair Bear Hunting and the Humane Society of the United States, which is on a national campaign to limit hunting.	”
—Bangor Daily News

• The Portland Press Herald said,

“	The referendum has roused deep reactions from Mainers who are offended by hunting practices that seem unfair and brutal. Unfortunately, these concerns were raised 10 years ago when this referendum was first put before Maine voters. Since then, several legislatures have avoided addressing this complicated, emotional issue, which is why it’s on the ballot again this year. That’s not a good enough reason to pass this overbroad initiative. Mainers should vote no on Question 1, and then push their legislators to do their jobs and create a balanced wildlife management plan for the state.	”
—Portland Press Herald

Lawsuits

Mainers for Fair Bear Hunting filed a lawsuit against the Maine Department of Inland Fisheries and Wildlife (IF&W) over its role in ads in opposition of Question 1. The lawsuit was filed in Superior Court in Portland and challenged the legality of the ads, claiming that IF&W misused public funds and taxpayer money to advocate for one side of the issue.

A spokesperson for the Maine Attorney General's Office released a written statement saying:

“

We will defend the right of members of the Department of Inland Fisheries and Wildlife and other public officials to speak out on issues of public interest within their regulatory authority and expertise, as permitted by recent case law.

”

In addition to the ads, the lawsuit highlighted private fundraisers attended by IF&W employees where Commissioner Chandler Woodcock urged the defeat of Question 1. The lawsuit also challenged IF&W's withholding of government records around its own campaign activities.

Mainers for Fair Bear Hunting filed an emergency injunction against IF&W on October 8, 2014, to prevent employees of IF&W from using taxpayer resources to oppose Question 1. The group said the request was necessary because the state bear biologists and game wardens had not ended their campaign against the measure and had not responded to a Freedom of Access request about their campaign activities. As of October 9, 2014, a hearing on the injunction had not been scheduled.

In response to the emergency injunction, IF&W announced that it would expend no "additional funds or resources" to create new videos or visual media projects relating to the measure. The organization also admitted that while "biologists and game wardens shown in the advertisements may have appeared during work hours...no further expenditures on the part of (DIF&W) would be incurred."

On October 22, 2014, Justice Joyce Wheeler refused to issue the requested emergency injunction, saying that Mainers for Fair Bear Hunting did not demonstrate that the opposition expressed by IF&W caused "irreparable injury" and that the views of the department's employees were protected under the First Amendment. While Justice Wheeler ruled in their favor, she ordered IF&W to disclose records concerning its political activities. No appeal was filed.

While the lawsuit was dismissed on March 31, 2015, as the judge concluded that it was a moot issue, Mainers for Fair Bear Hunting asked the Maine Supreme Judicial Court to reverse Wheeler's decision in early February 2016. "DIF&W continues to expend agency resources maintaining political content on its website and YouTube channel, and distributing political content contained in its 2014-15 Hunting and Trapping Laws & Rules pamphlet,” attorney Rachel Wertheimer, who is representing the group, wrote in a brief.

On April 14, 2016, the Maine Supreme Judicial Court upheld Justice Wheeler's original decision to dismiss the lawsuit. The court issued a unanimous decision, with Chief Justice Leigh Saufley saying that "it is unlikely that the question of the department's authority will imminently and repeatedly occur."

Polls

See also: Polls, 2014 ballot measures

Maine Question 1 (2014)
Poll	Support	Oppose	Undecided	Margin of error	Sample size
University of New Hampshire Survey Center 10/15/2014-10/21/2014	36%	57%	7%	+/-3.8	667
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Path to the ballot

See also: Laws governing ballot measures in Maine

Supporters of the measure were required to submit at least 57,277 valid signatures by February 3, 2014. Supporters claimed they submitted 78,528 signatures by the prescribed deadline. The secretary of state had one month to certify that the minimum number of signatures were valid. Ultimately, the secretary of state's office confirmed that 63,626 signatures, out of the 78,528 submitted, were valid. On March 18, 2014, the secretary of state transmitted the initiated legislation to the legislature. Members of the House and Senate had the option of enacting the measure into law, without amendment, or sending the question to the voters for a final determination. The legislature's choice to not enact the measure placed the question on the November 4th ballot.

Related measures

• Maine Bear Hunting Ban Initiative, Question 2 (2004)

See also

Suggest a link

• Maine 2014 ballot measures
• List of Maine ballot measures
• 2014 ballot measures