For the purposes of this section and section 12808-A, “to take,” “take” and “taking” mean the act or omission that results in the death of any endangered or threatened species.
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;
B. Hunt, take, trap or possess any endangered or threatened species within the State. 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. A person who violates this paragraph commits a Class E 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 E crime.
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;
B. Hunt, take, trap or possess any endangered or threatened species within the State. 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 or any part of an endangered or threatened species. A person who violates this paragraph commits a Class D 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 D crime.
Citation: 12 M.R.S.A. § 12808.
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.
A person who violates this section commits a Class E crime.
Citation: 12 M.R.S.A. § 12807.
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 shall order restoration under this subchapter, unless the restoration would result in:
A. A threat to public health and safety;
B. Environmental damage; or
C. A substantial injustice.
Citation: 12 M.R.S.A. § 12809.
1. Definition.-- For purposes of this section, “delisted species” means a species that was listed as a state endangered or threatened species under section 12803 and after 2007 was removed from that list by the Legislature. The following is a delisted species:
A. Bald eagle, Haliaeetus leucocephalus.
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;
B. Hunt, trap or possess a delisted species within the State. A person who violates this paragraph commits a Class D 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 D 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, 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.
Citation: 12 M.R.S.A. § 12810.
Each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable permit fee must be imposed.
Citation: 12 M.R.S.A. § 12152.