(1) Unless otherwise permitted by commission rule, a person that knowingly places food or edible waste in the open in circumstances where there is a reasonable probability of luring a wild bear to the food or edible waste commits a misdemeanor.
(2) (a) This section does not apply to acts related to agriculture, as defined in section 35-1-102 (1).
(b) As used in this section, "food or edible waste" does not include live animals or food that is grown in the open prior to the food being harvested.
(3) A person that violates subsection (1) of this section, upon conviction, shall be punished by a fine not to exceed:
(a) Two hundred dollars for a first offense;
(b) One thousand dollars for a second offense; or
(c) Five thousand dollars for a third or subsequent offense.
Source: L. 2003: Entire section added, p. 2618, § 1, effective June 5. L. 2019: (3) amended, (HB 19-1026), ch. 423, p. 3696, § 15, effective July 1. L. 2026: (1), (2), IP(3), and (3)(c) amended, (HB 26-1342), ch. 180, p. 1036, § 2, effective August 12.