An Act To Increase Protection For Endangered and Threatened Species LR 0405(02)
Maine Legislature, Session 121, LD 0303
Committee Amendment CA_A_H105 (House)
Amends: 12 MRSA §7756

COMMITTEE AMENDMENT ,,4· to H.P. 246, L.D. 303, Bill, "An 
Act To Increase Protection for Endangered and Threatened Species" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
· Sec. 1. 12 MRSA §7756, first 1[, as enacted by PL 1999, c. 316, 
§1, is amended to read: 
For the purposes of this section, "to take, take and taking" 
means the iBteBtieRaJ--().l'--Re'lfJ:.,i.'jeBt act or omission that results 
in the death of any endangered or threatened species. 
Sec. 2. 12 MRSA §7756, sub-§ 1, as amended by PL 1999, c • 316 , 
§l, is repealed and the following enacted in its place: 
1. 
Prohibited acts 
regarding eDdangered or threatened 
species; neg1igence. 
Except as provided in subsection 2, 
a 
person may not negligently: 
A. 
Import into the State or export out of the State any 
endangered or threatened species. 
Notwithstanding section 
7901-A, 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. 
Notwithstanding section 7901-A, a 
person who violates this paragraph commits a Class E crime; 
Page l-LR0405(2) 
COMMITTEE AMENDMENT 
."l 
~ 
COMMITTEE AMENDMENT ,,~ to H.P. 246, L.D. 303 
C. 
Possess, process, sell. offer for sale, deliver;, carry, 
transport or ship, by any means whatsoeyer, any endangered 
or 
threatened species or 
any part of 
an endangered or 
threatened 
species. 
Notwithstanding 
section 
7901-A, 
a 
person who violates this paragraph commits a Class E crime: 
.ru: 
D. 
Except as allowed under subsection 2, par~graph A: 
(1) 
Feed, set bait for or harass any endangered or 
threatened species. 
Notwithstanding section 7901-A, a 
law 
enforcement officer, 
as 
defined 
in Title 
25, 
section 2801-A, subsection 5, must issue a warning to a 
person who yiolates this subparagraph for the first 
~ 
(2) 
Feed, set bait for or harass any endangered or 
threatened species. 
Notwithstanding section 79PI-A, a 
person who 
yiolates 
this 
subparagraph after haying 
preyiously been giyen 
a 
warning under subsection 1 
commits a Class E crime. 
Sec.3. 12 MRSA §7756, sub-§I-A is enacted to read: 
I-A. 
Prohibited acts regarding endangered or threatened 
species; intentional. 
Except as proyided in subsection 2, 
a 
person may not intentionally: 
A. 
Import into the State or export out of the State any 
endangered or threatened species. 
Notwithstanding section 
7901-A, a person who yiolates this paragraph commits a Class 
D crime; 
B. 
Hunt, take, trap or possess any endangered or threatened 
species within the State. 
Notwithstanding section 79PI-A, a 
person who violates this paragraph commits a Class D crime; 
C. 
Possess, process, sells, offer for sale, deliver, carry, 
transport or ship, by any means whatsoeyer, any endangered 
or threatened species. 
Notwithstanding section 79PI-A, 
a 
person who violates this paragraph commits a Class D crime; 
or 
D. 
Except as allowed under subsection 2, paragraph A; 
(1) 
Feed, set bait for or harass any endangered or 
threatened species. 
Notwithstanding section 7901-A, a 
law 
enforcement officer, 
as 
defined 
in Title 
25, 
section 2801-A, subsection 5, must issue a warning to a 
COMMITTEE AMENDMENT 
.,. 
~ 
... 
COMMITTEE AMENDMENT • .fI.. to H.P. 246, L.D. 303 
person who violates this subparagraph for tpe first 
~ 
(2) 
Feed. set bait for or harass any endangered or 
threatened species. 
Notwithstanding section 7901-,., a 
person who 
violates this 
subparagraph after having 
previously been given a 
warning under 
subsection 1 
commits a Class D crime. 
Sec. 4. 12 MRSA §7756, sub-§2, as amended by PL 1999, c. 316, 
§1, is amended by amending the first paragraph to read: 
2. 
Exceptions. 
Notwithstanding subsection 1 and l-A, the 
commissioner may:' 
SUMMARY 
This amendment replaces the bill and makes an intentional 
violation of the Maine Revised Statutes, Title 12, section 7756, 
subsection 1-A a Class D crime and a negligent violation of Title 
12, section 7756, subsection 1 a Class E crime. 
These sections 
concern 
prohibited 
acts 
regarding 
endangered 
or 
threatened 
species. 
FISCAL NOTE REQUIRED 
(See attached) 
COMM/rrEE AMENDMENT 
Approved: 03/19/03 .w-ae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD303 
An Act To Increase Protection For Endangered and Threatened Species 
LR 0405(02) 
Fiscal Note for Bill as Amended by Committee Amendment 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class D and Class E crimes 
LR0405(2) - Fiscal Note - Page 1 of 1