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| 3.__Penalty.__A person who violates this section commits a Class E | | crime. |
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| | | Sec. B-237. 12 MRSA §12351, 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 D, §7, is repealed and the following enacted | | in its place: |
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| | | 1. Prohibition.__A person may not transport a harvested wild | | animal or wild bird unless that animal is lawfully possessed by | | that person. |
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| | | 1-A.__Transportation prior to registration.__Prior to | | registration, a person may not transport a harvested bear, deer, | | moose or wild turkey unless that animal is open to view.__For | | purposes of this section, "open to view" means the animal is not | | concealed and can be readily observed in whole or in part from | | outside of the vehicle or trailer being used to transport the | | animal. |
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| | | 2. Penalties.__The following penalties apply to violations of | | this section. |
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| | | A.__A person who violates subsection 1 or 1-A commits a | | civil violation for which a fine of not less than $100 nor | | more than $500 may be adjudged. |
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| | | B.__A person who violates subsection 1 or 1-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. |
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| | | Sec. B-238. 12 MRSA §§12352 to 12356, as enacted by PL 2003, c. 414, | | Pt. A, §2 and affected by Pt. D, §7, are repealed. |
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| | | Sec. B-239. 12 MRSA §12402, sub-§5, as enacted by PL 2003, c. 414, Pt. | | A, §2 and affected by Pt. D, §7, is amended to read: |
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| | | 5. Failure to report wounding, taking or killing of nuisance | | wild animal or to properly care for carcass. A person may not: |
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| | | A. Wound, take or kill a wild animal under section 12401 or | | this section unless the person reports all the facts | | relative to the incident to the Maine Warden Service within | | 12 hours; or |
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| | | B. Kill a deer, bear or moose pursuant to section 12401 or this | | section unless the person immediately and properly |
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