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An Act To Increase the Penalty for Allowing Wildlife in Captivity To Escape in Violation of a Permit Requirement
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §12151, sub-§2, as amended by PL 2015, c. 374, §§3 and 4, is further amended to read:
 
2. Penalties.  TheExcept as provided in section 12152, subsection 7, the following penalties apply to violations of this section.
 
A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $500 may be adjudged.
 
B. A person who violates subsection 1 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.
 
C. The department may seize fish or wildlife in accordance with sections 10502 and 10503 from a person who violates subsection 1.
Sec. 2.  12 MRSA §12152, sub-§7  is enacted to read:
 
7.  Escaped wildlife prohibition; penalty.     The following provisions apply to escaped wildlife.
 
A.  A person may not allow wildlife in captivity to escape that person's possession or control in violation of:
 
(1) Rules adopted pursuant to subsection 5; or
 
(2) An additional permit condition or requirement assigned pursuant to subsection 6.
 
B.  Notwithstanding section 12151, subsection 2, a person who violates paragraph A commits:
 
(1) A Class E crime if the wildlife is permitted in accordance with this section and the permit holder does not immediately notify a law enforcement officer that the wildlife has escaped;
 
(2) A Class E crime if the wildlife is not permitted in accordance with this section and the person immediately notifies a law enforcement officer that the wildlife has escaped; or
 
(3) A Class D crime if the wildlife is not permitted in accordance with this section and the person does not immediately notify a law enforcement officer that the wildlife has escaped.
 
Effective 90 days following adjournment of the 128th Legislature, First Regular Session, unless otherwise indicated.