Sec. 1. 12 MRSA §7756, as amended by PL 1987, c. 175, §2, is further amended to read:

§7756. Prohibited acts

For the purposes of this section, "to take, take and taking" means the intentional or negligent act or omission that results in the death of any endangered or threatened species.

1. Misuse of endangered or threatened species. A person is guilty, except as provided in subsection 2, of misuse of an endangered or threatened species if that person does any of the following:

A. Exports Imports into the State or exports out of the State any endangered or threatened species from the State;

B. Hunts, takes, traps or possesses any endangered or threatened species within the State;

C. Possesses, processes, sells, offers for sale, delivers, carries, transports or ships, by any means whatsoever, any endangered or threatened species or any part of an endangered or threatened species; or

D. Deliberately feeds, sets bait for or harasses any endangered or threatened species, except as allowed under subsection 2, paragraph A. A warning shall must be issued for the first violation. The 2nd violation shall be is punishable as a Class E crime.

2. Exceptions. Notwithstanding subsection 1, the commissioner may:

A. Under such terms and conditions as he the commissioner may prescribe, permit any act prohibited by this section, for educational or scientific purposes or to enhance the propagation or survival of an endangered or threatened species; and

B. Under such terms and conditions as he the commissioner may prescribe, permit any endangered or threatened species which that enters the State and is being transported to a point outside the State to be so entered and transported without restriction in accordance with the terms of any federal or state permit.;

C.__Permit the taking of any endangered species or threatened species if: