An Act To Increase Protection for Endangered and Threatened Species
Maine Legislature, Session 121, LD 0303
Committee: Inland Fisheries and Wildlife
Sponsors: McKEE, GAGNON, ADAMS, EDER, MOORE, PINEAU, PINGREE, CATHCART
Amends: 12 MRSA §7756, 12 MRSA §7901-A, 12 MRSA §8883

Legislative Document 
No. 303 
H.P.246 
House of Representatives, January 28,2003 
An Act To Increase Protection for Endangered and Threatened 
Species 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Representative McKEE of Wayne. 
Cosponsored by Senator GAGNON of Kennebec and 
17/~ 
/J7./lJu~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, EDER of Portland, MOORE of the Passamaquoddy 
Tribe, PINEAU of Jay, PINGREE of North Haven, Senator: CATHCART of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12MRSA§7756,first" as enacted by PL 1999, c. 316, 
§l, is amended to read: 
For the purposes of this section, 
means 
~Re--kR~eR~keRa~--eF--Re~~i~eR~ 
results in the death of any endangered 
"to take, take and taking" 
an act or 
omission that 
or threatened species. 
Sec. 2. 12 MRSA §7756, sub-§I, as amended by PL 1999, c. 316, 
§l, is further amended to read: 
1. 
Misuse of endangered or threatened 
guilty, except as provided in subsection 
endangered or threatened species if that 
assists with any of the following: 
species. A person is 
2, of misuse of an 
person does 
any or 
A. 
Imports into the State or exports out of the State any 
endangered or threatened species: 
B. 
Hunts, 
takes, 
traps or possesses 
any endangered or 
threatened species within the State: 
C. 
Possesses, processes, sells, offers for sale, delivers, 
carries, transports or ships, by any means whatsoever, any 
endangered 
or 
threatened 
species 
or 
any 
part 
of 
an 
endangered or threatened species; or 
D. 
geliBeFa~ely-~eea6 Feeds, sets bait for or harasses any 
endangered or threatened species, except as allowed under 
subsection 2, paragraph A. 
A-wa~R~R~-~-~-~-~F-ERe 
~iF6~-v4ala~4aR~--~h€-~~~~1~~~-~~~~-a&-a-b±a6s 
E-eF:!:lRe ... 
Sec.3. 12 MRSA §7901-A, sub-§ll-A is enacted to read: 
A. 
Criminal violations of chapter 713. 
Violations of 
chapter 713, subchapter 5 are Class D crimes for which the court 
shall impose a sentence as follows: 
A. For a first offense, incarceration for not less than 3 
days and a fine of not less than $1,000, none of which may 
be suspended: and 
B. For a 2nd and each succeeding offense, incarceration for 
not less than 10 days for each offense and a fine of not 
less than $1,000, none of which may be suspended: 
Sec. 4. 12 MRSA §8883, sub-§I, 1fI, as amended by PL 1997, c. 
648, §5, is further amended to read: 
Page l-LR0405(1) 
I. 
A map locating the harvest site in relation to known or 
easily 
identifiable 
terrain 
features, 
such 
as 
a 
road 
junction or a stream and road junction. 
The map also must 
show the location of any site within the harvesting area 
that is known to the landowner or the Department of Inland 
Fisheries and Wildlife, at the time notification under this 
section 
is 
provided, 
to 
serve 
or 
to 
have 
served 
or 
historically as habitat for a species listed as endangered 
or threatened in section 7753, subsection 3. 
If no such 
sites are known, the landowner or the Department of Inland 
Fisheries and Wildlife shall indicate on the map that no 
such sites are known to exist within the harvesting area. 
Compliance with this paragraph may not be construed to be a 
defense 
to 
any action for 
a 
violation of 
chapter 
713, 
subchapter 5. 
The map must be a copy of a 7.5 or 15 minute 
series 
topographical 
map 
produced 
by 
the 
United States 
Geological Surveyor a map of equivalent or superior detail 
in the location of roads; and 
SUMMARY 
This bill makes violations of the laws protecting endangered 
and threatened species 
a 
Class 
D crime. 
It amends 
the 
law 
regarding 
endangered 
and 
threatened 
species 
to 
facilitate 
enforcement 
of 
those 
laws. 
It also 
requires 
landowners 
to 
include on the map provided to the Department of Conservation 
prior to commencing harvesting activities the location of any 
site in the harvesting area 
known 
to 
the 
landowner 
or 
the 
Department 
of 
Inland 
Fisheries 
and 
Wildlife 
to 
serve 
or 
historically serve as habitat for a species listed in the Maine 
Revised Statutes as endangered or threatened.