(1)__A person who violates paragraph A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

(2)__A person who violates paragraph A after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Sec. 309. 12 MRSA §12802, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

1. Investigations. The commissioner may conduct investigations in order to develop information relating to population size, distribution, habitat needs, limiting factors and other biological and ecological data relating to the status and requirements for survival of any resident species of fish or wildlife occurring in the State, whether endangered or not.

Sec. 310. 12 MRSA §12804, sub-§§2 and 3, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read:

2. Habitat. For species designated as endangered or threatened under this subchapter the commissioner may, by rule, pursuant to Title 5, chapter 375, identify areas currently or historically providing physical or biological features essential to the conservation of the species and that may require special management considerations. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

3. Protection guidelines. The commissioner may, by rule, pursuant to Title 5, chapter 375, develop guidelines for the protection of species designated as endangered or threatened under this subchapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 311. 12 MRSA §12808, first ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

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