Maine Revised Statutes Title 12 Sec. 12808 – Unauthorized activities regarding endangered or threatened species
Current as of: 2023 | Check for updates
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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).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 12 Sec. 12808
- Harass: means an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns. See Maine Revised Statutes Title 12 Sec. 10001
- Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
- Threatened species: means a species of fish or wildlife that has been determined by the commissioner as likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and that is listed as a state threatened species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001
- Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001
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).