| | | B.__Violate protection guidelines set forth in section | | 12804, subsection 3. |
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| | | The commissioner shall make information under section 12804 | | available to all other state agencies and municipal governments | | for the purposes of review. |
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| | | 2.__Variance.__Notwithstanding subsection 1, state agencies | | and municipal governments may grant a variance from this section | | provided that: |
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| | | A.__The commissioner certifies that the proposed action | | would not pose a significant risk to any population of | | endangered or threatened species within the State; and |
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| | | B.__A public hearing is held on the proposed action. |
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| | | 3.__Pending applications.__Notwithstanding Title 1, section | | 302, applications pending at the time of adoption of habitats and | | guidelines under section 12804, subsections 2 and 3 are governed | | by this section. |
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| | | §12807.__Introduction of wolves to State; approval |
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| | | A person may not release a wolf in the State for the purpose | | of reintroducing that species into the State without the prior | | approval of both Houses of the Legislature and the commissioner. |
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| | | A person who violates this section commits a Class E crime. |
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| | | §12808.__Misuse of endangered or threatened species |
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| | | For the purposes of this section, "to take," "take" and | | "taking" mean the intentional or negligent act or omission that | | results in the death of any endangered or threatened species. |
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| | | 1.__Misuse of endangered or threatened species.__Except as | | provided in subsections 2 and 3, a person may not: |
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| | | A.__Import into the State or export out of the State any | | endangered or threatened species; |
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| | | B.__Hunt, take, trap or possess any endangered or threatened | | species within the State; |
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| | | 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; or |
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