An Act To Prohibit the Taking or Possession of a Natural Resource That Is on the Land of Another
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17 MRSA §2513 is enacted to read:
§ 2513. Taking of natural resources
1. Taking of natural resources. A person may not take, remove or possess a natural resource from the property of another without written permission from the owner of the property. For purposes of this section, "natural resource" means any element, material, object, plant, mineral or organism that exists naturally and is not made, fabricated or created by a human being and includes any natural element, material, object, plant, mineral or organism that has been grown, bred, nurtured, collected, sown or manipulated by a human being.
2. Penalties. The following penalties apply to a violation of subsection 1.
A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 must be adjudged.
B. A person who violates subsection 1 commits a Class E crime for which a fine of not less than $250 must be adjudged if:
(1) The value of the natural resource exceeds $100; or
(2) The person violates subsection 1 after having been adjudicated of committing a violation under subsection 1.
A violation under this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
3. Restitution. In addition to any penalties imposed pursuant to subsection 2 and, when appropriate, in accordance with the requirements of Title 17-A, chapter 54, the court shall order restitution to the landowner for the fair market value of the natural resource taken, removed or possessed.
summary
This bill makes the taking, removing or possessing of a natural resource from the property of another without written permission from the owner a civil violation and makes it a Class E crime if the value of the resource taken exceeds $100 or if the offense is repeated.