HP0518
LD 713
Session - 129th Maine Legislature
C "A", Filing Number H-275, Sponsored by
LR 731
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and inserting the following:

Sec. 1. 12 MRSA §12808, sub-§1,  as amended by PL 2015, c. 423, §1, is further amended to read:

1. Prohibited acts regarding endangered or threatened species; negligence.   Except as provided in section 12808-A, 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 , for which a fine of $1,000 must be adjudged, none of which may be suspended;
B. Hunt, take, trap , harass or possess any endangered or threatened species within the State. A person who violates this paragraph commits a Class E crime , for which a fine of $1,000 must be adjudged, none of which may be suspended;
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 threatened species. A person who violates this paragraph commits a Class E crime , for which a fine of $1,000 must be adjudged, none of which may be suspended; or
D. Feed or, set bait for or harass any endangered or threatened species. A law enforcement officer, as defined in Title 25, section 2801-A, subsection 5, must issue a warning to a person who violates this paragraph for the first time. A person who violates this paragraph after having previously been given a warning under this paragraph commits a Class E crime for which a fine of $1,000 must be adjudged, none of which may be suspended.

Sec. 2. 12 MRSA §12808, sub-§1-A,  as amended by PL 2015, c. 423, §1, is further amended to read:

1-A. Prohibited acts regarding endangered or threatened species; intentional.   Except as provided in section 12808-A, a person may not intentionally:
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 D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended;
B. Hunt, take, trap , harass or possess any endangered or threatened species within the State. A person who violates this paragraph commits a Class D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended;
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 threatened species. A person who violates this paragraph commits a Class D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended; or
D. Feed or, set bait for or harass any endangered or threatened species. A law enforcement officer, as defined in Title 25, section 2801-A, subsection 5, must issue a warning to a person who violates this paragraph for the first time. A person who violates this paragraph after having previously been given a warning under this paragraph commits a Class D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended.

Sec. 3. 12 MRSA §12810, sub-§2,  as enacted by PL 2009, c. 60, §2, is amended to read:

2. Prohibited acts regarding delisted species.   Except as otherwise authorized by the commissioner pursuant to this Part, a person may not intentionally:
A. Import into the State or export out of the State a delisted species. A person who violates this paragraph commits a Class D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended;
B. Hunt, trap , harass or possess a delisted species within the State. A person who violates this paragraph commits a Class D crime , for which a fine of $2,000 must be adjudged, none of which may be suspended; or
C. Process, sell, offer for sale, deliver, carry, transport or ship, by any means whatsoever, a delisted species or any part of a delisted species. A person who violates this paragraph commits a Class D crime ; or , for which a fine of $2,000 must be adjudged, none of which may be suspended.
D Feed, set bait for or harass a delisted species. A law enforcement officer, as defined in Title 25, section 2801-A, subsection 5, must issue a warning to a person who violates this paragraph for the first time. A person who violates this paragraph after having previously been given a warning under this paragraph commits a Class D crime.

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment replaces the bill. This amendment:

1. Provides that for conviction of certain Class E crimes of negligence related to endangered or threatened species, the maximum allowable fine of $1,000 must be adjudged;

2. Removes the requirement that, for a first-time offense of negligently feeding, setting bait for or harassing any endangered or threatened species, a law enforcement officer must issue a warning;

3. Provides that for conviction of certain Class D crimes involving intentional acts related to endangered or threatened species, the maximum allowable fine of $2,000 must be adjudged;

4. Removes the requirement that, for a first-time offense of intentionally feeding, setting bait for or harassing any endangered or threatened species, a law enforcement officer must issue a warning;

5. Provides that for conviction of certain Class D crimes involving intentional conduct related to a delisted species, the maximum allowable fine of $2,000 must be adjudged;

6. Removes the requirement that, for a first-time offense of intentionally harassing a delisted species, a law enforcement officer must issue a warning; and

7. Removes the prohibition on intentionally feeding or setting bait for a delisted species.


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