PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Strengthen Maine's Endangered Species Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §12808, sub-§1, as amended by PL 2015, c. 423, §1, is further amended to read:
 
1. Prohibited acts regarding endangered or threatened species; negligence.   Except as provided in section 12808-A, a person may not negligently:
 
A. Import into the State or export out of the State any endangered or threatened species. A person who violates this paragraph commits a Class ED crime;
 
B. Hunt, take, trap or possess any endangered or threatened species within the State. A person who violates this paragraph commits a Class ED crime;
 
C. Possess, process, sell, offer for sale, deliver, carry, transport or ship, by any means whatsoever, any endangered or threatened species or any part of an endangered or threatened species. A person who violates this paragraph commits a Class ED crime; or
 
D. Feed, set bait for or harass any endangered or threatened species. A law enforcement officer, as defined in Title 25, section 2801-A, subsection 5, mustmay issue a warning to a person who violates this paragraph for the first time. A person who violates this paragraph after having previously been given a warning under this paragraph commits a Class ED crime.
Sec. 2. 12 MRSA §12808, sub-§1-A, as amended by PL 2015, c. 423, §1, is further amended to read:
 
1-A. Prohibited acts regarding endangered or threatened species; intentional.   Except as provided in section 12808-A, a person may not intentionally:
 
A. Import into the State or export out of the State any endangered or threatened species. A person who violates this paragraph commits a Class DC crime;
 
B. Hunt, take, trap or possess any endangered or threatened species within the State. A person who violates this paragraph commits a Class DC crime;
 
C. Possess, process, sell, offer for sale, deliver, carry, transport or ship, by any means whatsoever, any endangered or threatened species or any part of an endangered or threatened species. A person who violates this paragraph commits a Class DC crime; or
 
D. Feed, set bait for or harass any endangered or threatened species. A law enforcement officer, as defined in Title 25, section 2801-A, subsection 5, must issue a warning to a person who violates this paragraph for the first time. A person who violates this paragraph after having previously been given a warning under this paragraph commits a Class DC crime.
Sec. 3. 12 MRSA §12810, sub-§2, as enacted by PL 2009, c. 60, §2, is amended to read:
 
2. Prohibited acts regarding delisted species.   Except as otherwise authorized by the commissioner pursuant to this Part, a person may not intentionally:
 
A. Import into the State or export out of the State a delisted species. A person who violates this paragraph commits a Class DC crime;
 
B. Hunt, trap or possess a delisted species within the State. A person who violates this paragraph commits a Class DC crime;
 
C. Process, sell, offer for sale, deliver, carry, transport or ship, by any means whatsoever, a delisted species or any part of a delisted species. A person who violates this paragraph commits a Class DC crime; or
 
D. Feed, set bait for or harass a delisted species. A law enforcement officer, as defined in Title 25, section 2801-A, subsection 5, mustmay issue a warning to a person who violates this paragraph for the first time. A person who violates this paragraph after having previously been given a warning under this paragraph commits a Class DC crime.
 
SUMMARY
This bill gives a law enforcement officer discretion in issuing a warning to a first-time violator of the State's laws prohibiting negligently feeding, baiting or harassing an endangered or threatened species or feeding, baiting or harassing a delisted species. It removes the requirement that a law enforcement officer must issue a warning to a first-time violator of the law prohibiting intentionally feeding, baiting or harassing an endangered or threatened species.
It increases from Class E crimes to Class D crimes negligently importing, exporting, hunting, taking, trapping, possessing, processing, selling, offering for sale, delivering, carrying, transporting, shipping, feeding, baiting or harassing endangered or threatened species. It also increases from Class D crimes to Class C crimes intentionally engaging in any of those acts with endangered, threatened and delisted species.