| 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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