Section 137-17-09 - Location and Preparation of Traps1.ProhibitionsA. No person shall stake, hook, fasten or position a trap at any trap site location in the fields, forests or waters of the state prior to the opening day of the trapping season.B. No person shall make any advance preparation on the trapping grounds for the taking of beaver or muskrat previous to the open season on these animals.C. No person shall use meat or fish as bait when trapping for beaver.2.Placement of traps near beaver or muskrat dams, dens or housesSee section 17.06-2.C. (3) for additional information on how to measure while beaver trapping Except as provided herein, no person, except an agent of the Commissioner, shall place, set or tend any traps.
A. within 5 feet of a beaver house, muskrat den or house;B. within 5 feet of a beaver dam; orC. within 5 feet of a beaver trap that has been set by another trapper.D.Exceptions:(1) In WMDs 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 18 and 19 there is no required setback distance from an active beaver dam or beaver house. 3.Placement of Steel Foothold or Killer-type TrapsA. Steel foothold or killer-type traps must not be set within 50 yards of bait that is visible from above except if the bait is completely covered to prevent it from being seen from above, and it must be covered in such a way as to withstand wind action and other normal environmental conditions. Bait is defined as animal matter including meat, skin, bones, feathers, hair or any other solid substance that used to be part of an animal. This includes live or dead fish. For the purposes of this paragraph, bait does not include animal droppings (scat), urine or animals, dead or alive, held in a trap as the result of lawful trapping activity.B. Steel foothold traps must be set at or below ground, ice, or snow level. C. Steel foothold traps must have a chain that is mounted within the central portion of the base of the trap, and must have three swiveling points, with one swiveling point at the base of the trap, one midway in the chain, and one at the trap's anchoring point. These restrictions do not apply to foothold traps that when set, placed, or tended are fully or partially covered by water, those that are set on a muskrat "float", or dog-proof traps also known as enclosed foothold traps (as defined within section 17.03) . 4.Placement of Foothold Traps in WMD's 1-11, 14, 18, and 19A. Foothold traps must be securely anchored to the ground. B. The use of drags is prohibited in these WMD's.C. Foothold traps must have the catch circle (as defined within section 17.03) cleared of woody vegetation, debris and manmade material that could cause entanglement of a trapped animal. (1) Small sticks and rocks, and rotten/decaying woody material may be used for stepping guides, blocking, and backing for trap sets, if they are not rooted to the ground.D. These restrictions do not apply to foothold traps that when set, placed, or tended are fully or partially covered by water, those that are set on a muskrat "float", or dog-proof traps also known as enclosed foothold traps (as defined within section 17.03) .5.Placement of Killer-type TrapsNo person may set, place, or tend any killer-type trap unless:
A. Set completely underwater at all times orB. The trap has an inside jaw spread less than or equal to 5 inches and the trap when set meets the following conditions:(1) When set so as to be partially covered by water at all times, or(2) When set under overhanging stream banks, or(3) When used in a blind set, as defined within section 17.03. 6.Placement of Killer-type Traps with a Jaw Spread Not to Exceed 8 inchesNotwithstanding 5. A. and 5 B. above, in all WMDs, killer-type traps with a jaw spread not to exceed 8 inches may be used on or above ground level if the trap is placed within a lynx exclusion device. The trap jaws must be completely within the device, the trap springs can be outside of the device.
7.Exclusion Devices Exclusion devices will have the following designs:
A.Traps with Jaw Spread Less Than or Equal to 5 InchesFor traps with a jaw spread less than or equal to 5 inches (primarily used for marten trapping), the device must have an opening of 4 inches x 4 inches or less. The entrance hole may be placed on the end or on the side of the device, and the set trap must be a minimum of 18 inches from the closest edge of the entrance hole.
B.Traps with Jaw Spread Greater Than 5 Inches but Less Than 8 InchesFor traps with a jaw spread greater than 5 inches but less than 8 inches, two designs may be constructed. For both devices, the trap must be placed no closer than 18 inches from the closest edge of the entrance hole. An example design is included in the annual Trapper Information Booklet.
(1) The first design has an entrance hole on the end of the device that cannot exceed 5 inches x 6 inches. A baffle must be placed no more than 6 inches back from the entrance hole and the baffle opening must not exceed 5 inches x 6 inches. With the baffle in place, the entrance hole and interior opening may not overlap to create an unobstructed view to the interior of the exclusion device.(2) For the second design the entrance hole must not exceed 6 inches x 7 inches and must be placed on the side of the device. A baffle must be placed at the edge of the entrance with the baffle opening opposite of the entrance hole, and the baffle opening must not exceed 6 inches x 6 inches.C.Requirements for Exclusion Devices(1) The exclusion device can be constructed of wood, plastic, or wire mesh. If using wire mesh, the mesh cannot exceed 1 1/2 inches by 1 1/2 inches, or 1 inch by 2-inch openings, (side to side).(2) The wire mesh must be 16 gauge or less (wire diameter of 0.05 or greater).(3) The opening slot in the exclusion device that allows the trap springs to extend outside the device can be no more than 7 1/2 inches wide and a height of no more than 1 1/2 inches.(4) The back of the device must be secured to withstand heavy pulling; if using wire mesh with a wood or plastic box, the wire mesh must wrap around two opposite sides of the box and be secured. (5) There must be at least 1 attachment point for each side of the device where a joint or panels come together.(6) The opening slot in the exclusion device that allows the trap springs to extend outside the device can be no more than 7 1/2 inches wide and a height of no more than 11/2 inches.(7) The trap must be anchored outside of the exclusion device.(8) Bait must not be visible from above.(9) When enclosed in an exclusion device, killer-type traps can be set directly on the ground, or elevated in trees or on poles, with no specific requirements as to the height above ground or diameter of the tree or pole.09-137 C.M.R. ch. 17, § 09