CHAPTER 113
H.P. 246 - L.D. 303
An Act To Increase Protection for Endangered and Threatened Species
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §7756, first ¶, as enacted by PL 1999, c. 316, §1, is amended to read:
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.
Sec. 2. 12 MRSA §7756, sub-§1, as amended by PL 1999, c. 316, §1, is repealed and the following enacted in its place:
1. Prohibited acts regarding endangered or threatened species; negligence. Except as provided in subsection 2, a person may not negligently:
A. Import into the State or export out of the State any endangered or threatened species. Notwithstanding section 7901-A, a person who violates this paragraph commits a Class E crime;
B. Hunt, take, trap or possess any endangered or threatened species within the State. Notwithstanding section 7901-A, a person who violates this paragraph commits a Class E 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. Notwithstanding section 7901-A, a person who violates this paragraph commits a Class E crime; or
D. Except as allowed under subsection 2, paragraph A:
(1) Feed, set bait for or harass any endangered or threatened species. Notwithstanding section 7901-A, a law enforcement officer, as defined in Title 25, section 2801-A, subsection 5, must issue a warning to a person who violates this subparagraph for the first time; or
(2) Feed, set bait for or harass any endangered or threatened species. Notwithstanding section 7901-A, a person who violates this subparagraph after having previously been given a warning under subsection 1 commits a Class E crime.
Sec. 3. 12 MRSA §7756, sub-§1-A is enacted to read:
1-A. Prohibited acts regarding endangered or threatened species; intentional. Except as provided in subsection 2, a person may not intentionally:
A. Import into the State or export out of the State any endangered or threatened species. Notwithstanding section 7901-A, a person who violates this paragraph commits a Class D crime;
B. Hunt, take, trap or possess any endangered or threatened species within the State. Notwithstanding section 7901-A, a person who violates this paragraph commits a Class D crime;
C. Possess, process, sell, offer for sale, deliver, carry, transport or ship, by any means whatsoever, any endangered or threatened species. Notwithstanding section 7901-A, a person who violates this paragraph commits a Class D crime; or
D. Except as allowed under subsection 2, paragraph A:
(1) Feed, set bait for or harass any endangered or threatened species. Notwithstanding section 7901-A, a law enforcement officer, as defined in Title 25, section 2801-A, subsection 5, must issue a warning to a person who violates this subparagraph for the first time; or
(2) Feed, set bait for or harass any endangered or threatened species. Notwithstanding section 7901-A, a person who violates this subparagraph after having previously been given a warning under subsection 1 commits a Class D crime.
Sec. 4. 12 MRSA §7756, sub-§2, as amended by PL 1999, c. 316, §1, is amended by amending the first paragraph to read:
2. Exceptions. Notwithstanding subsection subsections 1 and 1-A, the commissioner may:
Effective September 13, 2003, unless otherwise indicated.
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