Section 12808 - Unauthorized activities regarding endangered or threatened speciesFor 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. [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; [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; [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 [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; [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; [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 [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.[2015, c. 423, §1(RP).]
3.Exceptions; incidental take plan.[2015, c. 423, §1(RP).]
Amended by 2019, c. 267,§ 2, eff. 9/19/2019.Amended by 2019, c. 267,§ 1, eff. 9/19/2019.Amended by 2016, c. 423,§ 1, eff. 4/1/2016.2003, c. 414, §A2 (NEW) . 2003, c. 414, §D7 (AFF) . 2003, c. 614, § 9 (AFF) . 2003, c. 655, §§B310-313 (AMD) . 2003, c. 655, §B422 (AFF) . 2005, c. 477, § 23 (AMD) .