Full Statute Name:  Maine Revised Statutes Annotated. Title 12. Conservation. Part 13. Inland Fisheries and Wildlife. Subpart 4. Fish and Wildlife. Chapter 925. Fish and Wildlife Management and Research. Subchapter 3. Endangered Species; Management and Research. § 12808. Unauthorized activities regarding endangered or threatened species

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Primary Citation:  12 M.R.S.A. § 12808 Country of Origin:  United States Last Checked:  January, 2020 Alternate Citation:  ME ST T. 12 § 12808 Date Adopted:  2003 Historical: 
Summary: Maine revised its endangered species law in 2019. "Take" means the he act or omission that results in the death of any endangered or threatened species. There are two types of offenses based on whether the conduct is negligent or intentional. Negligent acts concerning an endangered species result in a Class E crime with a fine of $1,000 which may not be suspended. Intentional acts concerning an endangered species result in a Class D crime with a fine of $2,000 which may not be suspended. Each type of taking lists what is prohibited with regard to endangered species, including hunting, possessing, and feeding/baiting.

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, 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 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.

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 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.

Credits

2003, c. 414, § A-2; 2003, c. 655, §§ B-310 to B-313, eff. Aug. 31, 2004; 2005, c. 477, § 23, eff. March 8, 2006; 2015, c. 423, § 1, eff. April 1, 2016; 2019, c. 267, §§ 1, 2, eff. Sept. 19, 2019; R.R.2019, c. 1, §§ A-11, A-12, eff. Oct. 1, 2019.

 

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