| | | require and such other matters as the department | | determines to be necessary for the recovery of species | | consistent with this section. |
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| | | The department shall seek input from knowledgeable individuals or | | groups on each incidental take plan for endangered or threatened | | species. |
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| | | If any person fails to abide by the terms of any permit | | authorizing the incidental taking of an endangered or threatened | | species, the permit must be immediately suspended or revoked. |
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| | | §12809.__Judicial enforcement |
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| | | 1.__General.__In the event of a violation of this subchapter, | | any rule adopted pursuant to this subchapter or any license or | | permit granted under this subchapter, the Attorney General may | | institute injunctive proceedings to enjoin any further violation, | | a civil or criminal action, or any appropriate combination of | | those proceedings without recourse to any other provision of law | | administered by the department. |
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| | | 2.__Restoration.__The court may order restoration of any area | | affected by any activity found to be in violation of this | | subchapter, any rule adopted pursuant to this subchapter or any | | license or permit granted under this subchapter, to its condition | | prior to the violation or as near to that condition as possible.__ | | When the court finds that the violation was willful, the court | | shall order restoration under this subchapter, unless the | | restoration would result in: |
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| | | A.__A threat to public health and safety; |
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| | | B.__Environmental damage; or |
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| | | C.__A substantial injustice. |
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| | | GUIDES, OUTFITTERS AND TAXIDERMISTS |
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| | | §12851.__Commissioner's authority to adopt rules |
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| | | The commissioner shall, pursuant to Title 5, chapter 375, with | | the advice and consent of the Advisory Board for the |
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