§12808. Unauthorized activities regarding endangered or threatened species
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. [PL 2015, c. 423, §1 (AMD).]
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; [PL 2019, c. 267, §1 (AMD).]
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; [PL 2019, c. 267, §1 (AMD).]
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 [PL 2019, c. 267, §1 (AMD).]
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. [RR 2019, c. 1, Pt. A, §11 (COR).]
[RR 2019, c. 1, Pt. A, §11 (COR).]
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; [PL 2019, c. 267, §2 (AMD).]
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; [PL 2019, c. 267, §2 (AMD).]
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 [PL 2019, c. 267, §2 (AMD).]
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. [RR 2019, c. 1, Pt. A, §12 (COR).]
[RR 2019, c. 1, Pt. A, §12 (COR).]
2. Exceptions for certain purposes.
[PL 2015, c. 423, §1 (RP).]
3. Exceptions; incidental take plan.
[PL 2015, c. 423, §1 (RP).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §§B310-313 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 477, §23 (AMD). PL 2015, c. 423, §1 (AMD). PL 2019, c. 267, §§1, 2 (AMD). RR 2019, c. 1, Pt. A, §§11, 12 (COR).