(a) (1) Except as provided in paragraph (2) of this subsection, any penalty imposed under this section does not apply to an individual who kills or wounds a black bear in defense of the individual’s own life, the lives of other individuals, or the lives of animals, including honey bees in a bee colony managed by the individual, on the individual’s property.

(2) The exemption for an individual that kills or wounds a black bear in defense of a honey bee under paragraph (1) of this subsection applies only to an individual who has installed and properly maintained an electric fence.

(b) If the Secretary adopts any regulation, including an emergency regulation, under § 10-205 of this title or § 10-405 of this subtitle to prohibit the hunting, possessing, selling, purchasing, shipping, carrying, transporting, or exporting of black bears, a person who violates the regulation is subject to the following penalties:

(1) For a first offense, a fine not exceeding $1,500, imprisonment not exceeding 6 months, or both; and

(2) For a second or subsequent offense, a fine not exceeding $2,000, imprisonment not exceeding 1 year, or both.