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77.15.120 - Endangered fish or wildlife -- Unlawful taking -- Penalty.

Endangered fish or wildlife — Unlawful taking — Penalty.

(1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if the person hunts, fishes, possesses, maliciously harasses or kills fish or wildlife, or maliciously destroys the nests or eggs of fish or wildlife and the fish or wildlife is designated by the commission as endangered, and the taking has not been authorized by rule of the commission.

     (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:

     (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the killing, possessing, harassing, or harming of endangered fish or wildlife; and

     (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.

     (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.

     (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years.

[2000 c 107 § 236; 1998 c 190 § 13.]

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