1. Claims. The State may not pay is not liable for any claims for damages to a motor vehicle by a wild animal or wild bird.

3. Penalties. The following penalties apply under to violations of this section.

A. A person who fails to report an accident in accordance with subsection 2, paragraph A or who removes a portion of a carcass in violation of subsection 2, paragraph C commits a civil violation for which a forfeiture fine of not less than $100 nor more than $500 may be adjudged.

A-1.__A person who fails to report an accident in accordance with subsection 2, paragraph A or removes a portion of a carcass in violation of subsection 2, paragraph C 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.

B. A person who possesses a moose injured involved in an accidental collision, except in accordance with subsection 2, paragraphs A and B, commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; and a fine of not less than $1,000, none of which may be suspended.

Sec. 246. 12 MRSA §12404, sub-§§2, 3, 5 and 6, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read:

2. Beaver. A person may not take or kill beaver under sections 12401 and 12402. The commissioner may cause agents of the department to take nuisance beaver at any time.

A person who violates this subsection commits a Class E crime.

3. Birds. A person may not take or kill wild birds, with the exception of rock doves and wild turkeys under sections 12401 and 12402.

A person who violates this subsection commits a Class E crime.