LD 1600
pg. 248
Page 247 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 249 of 360
Download Bill Text
LR 2121
Item 1

 
(2)__The individual and cumulative effects that may
reasonably be anticipated to result from the proposed
actions covered by the plan;

 
(3)__The recovery measures the applicant will implement
to prevent, minimize and mitigate the individual and
cumulative effects and any provisions that are
necessary to prevent, minimize and mitigate
circumstances that are likely to impair the recovery of
any endangered or threatened species covered by the
plan;

 
(4)__The procedures for monitoring the effectiveness of
the recovery measures in the plan;

 
(5)__The anticipated costs of implementing the plan and
the availability of necessary funding for the applicant
to implement the plan; and

 
(6)__Other modifications to the plan or other
additional measures, if any, that the department may
require and such other matters as the department
determines to be necessary for the recovery of species
consistent with this section.

 
The department shall seek input from knowledgeable individuals or
groups on each incidental take plan for endangered or threatened
species.

 
If any person fails to abide by the terms of any permit
authorizing the incidental taking of an endangered or threatened
species, the permit must be immediately suspended or revoked.

 
§12809.__Judicial enforcement

 
1.__General.__In the event of a violation of this subchapter,
any rule adopted pursuant to this subchapter or any license or
permit granted under this subchapter, the Attorney General may
institute injunctive proceedings to enjoin any further violation,
a civil or criminal action, or any appropriate combination of
those proceedings without recourse to any other provision of law
administered by the department.

 
2.__Restoration.__The court may order restoration of any area
affected by any activity found to be in violation of this
subchapter, any rule adopted pursuant to this subchapter or any
license or permit granted under this subchapter, to its condition
prior to the violation or as near to that condition as possible.__
When the court finds that the violation was willful, the court


Page 247 of 360 Top of Page Page 249 of 360