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 fish or wildlife species or threatened fish or wildlife species.
1. Prohibited acts regarding endangered fish or wildlife species or threatened fish or wildlife 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 fish or wildlife species or threatened fish or wildlife 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 fish or wildlife species or threatened fish or wildlife 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 fish or wildlife species or threatened fish or wildlife species or any part of an endangered fish or wildlife species or threatened fish or wildlife 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 fish or wildlife species or threatened fish or wildlife 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 fish or wildlife species or threatened fish or wildlife 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 fish or wildlife species or threatened fish or wildlife 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 fish or wildlife species or threatened fish or wildlife 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 fish or wildlife species or threatened fish or wildlife species or any part of an endangered fish or wildlife species or threatened fish or wildlife 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 fish or wildlife species or threatened fish or wildlife 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; 2025, c. 706, § 29, eff. July 29, 2026.