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 E crime , for which a fine of $1,000 must be adjudged, none of which may be suspended;
B. Hunt, take, trap , harass or possess any endangered or threatened species within the State. A person who violates this paragraph commits a Class E crime , for which a fine of $1,000 must be adjudged, none of which may be suspended;
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 E crime , for which a fine of $1,000 must be adjudged, none of which may be suspended; or
D. Feed or, 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 E crime for which a fine of $1,000 must be adjudged, none of which may be suspended.
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 D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended;
B. Hunt, take, trap , harass or possess any endangered or threatened species within the State. A person who violates this paragraph commits a Class D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended;
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 D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended; or
D. Feed or, 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 D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended.
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 D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended;
B. Hunt, trap , harass or possess a delisted species within the State. A person who violates this paragraph commits a Class D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended; or
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 D crime ; or , for which a fine of $2,000 must be adjudged, none of which may be suspended.
D. Feed, set bait for or harass a delisted 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 D crime.
Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.