Sec. 1. 12 MRSA §7756, first ¶, as enacted by PL 1999, c. 316, §1, is amended to read:

For the purposes of this section, "to take, take and taking" means the intentional or negligent an act or omission that results in the death of any endangered or threatened species.

Sec. 2. 12 MRSA §7756, sub-§1, as amended by PL 1999, c. 316, §1, is further amended to read:

1. Misuse of endangered or threatened species. A person is guilty, except as provided in subsection 2, of misuse of an endangered or threatened species if that person does any or assists with any of the following:

A. Imports into the State or exports out of the State any endangered or threatened species;

B. Hunts, takes, traps or possesses any endangered or threatened species within the State;

C. Possesses, processes, sells, offers for sale, delivers, carries, transports or ships, by any means whatsoever, any endangered or threatened species or any part of an endangered or threatened species; or

D. Deliberately feeds Feeds, sets bait for or harasses any endangered or threatened species, except as allowed under subsection 2, paragraph A. A warning must be issued for the first violation. The 2nd violation is punishable as a Class E crime.

Sec. 3. 12 MRSA §7901-A, sub-§11-A is enacted to read:

11-A. Criminal violations of chapter 713.__Violations of chapter 713, subchapter 5 are Class D crimes for which the court shall impose a sentence as follows:

A. For a first offense, incarceration for not less than 3 days and a fine of not less than $1,000, none of which may be suspended; and

B. For a 2nd and each succeeding offense, incarceration for not less than 10 days for each offense and a fine of not less than $1,000, none of which may be suspended;

Sec. 4. 12 MRSA §8883, sub-§1, ¶I, as amended by PL 1997, c. 648, §5, is further amended to read: