Sec. B-309. 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. B-310. 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.

Sec. B-311. 12 MRSA §12808, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

1.__Prohibited acts regarding endangered or threatened species; negligence.__Except as provided in subsections 2 and 3, a person may not negligently:

A.__Import into the State or export out of the State any endangered or threatened species.__A person who violates this paragraph commits a Class E crime;

B.__Hunt, take, trap or possess any endangered or threatened species within the State.__A person who violates this paragraph commits a Class E crime;

C.__Possess, process, sell, offer for sale, deliver, carry, transport or ship, by any means whatsoever, any endangered or threatened species or any part of an endangered or