...Possession, transfer, sale or exchange of scrimshaw, curios, collectibles, antiques or artifacts of endangered species, mounted or unmounted, which items can be reasonably determined to pre-date January first, nineteen hundred and seventy-three, shall be exempt from the provisions of this chapter.
Citation: M.G.L.A. 131A § 2.
Any person may transport, possess, or sell, in accordance with the terms of any necessary state and federal permit, any species appearing on any of the lists prepared in accordance with section four which enters the commonwealth from another state or from a point outside the territorial limits of the United States. A person may possess or propagate all plants listed as endangered, threatened or special concern; provided, however, that the sources for such propagation or possession shall not be taken from the wild. All nurserymen may sell all plants listed as endangered, threatened or of special concern; provided, however, that the sources for such sale shall not be taken from the wild....
Citation: M.G.L.A. 131A § 3.
...All agencies, departments, boards, commissions and authorities shall utilize their authorities in furtherance of the purposes of this chapter and shall review, evaluate and determine the impact on endangered, threatened and special concern species of all works, projects or activities conducted by them and shall use all practicable means and measures to avoid or minimize damage to such species.
Citation: M.G.L.A. 131A § 4.
(a) Any person who violates the provisions of the first paragraph of section two or the rules and regulations promulgated thereunder, shall be punished by a fine of not less than five hundred dollars or imprisonment for not more than ninety days or both such fine and imprisonment. Upon a second or subsequent conviction such person shall be punished by a fine of not less than five thousand dollars nor more than ten thousand dollars or by imprisonment for not more than one hundred and eighty days or both such fine and imprisonment.
(b) Any person who violates the provisions of the second paragraph of section two or rules and regulations promulgated thereunder, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or by imprisonment for not more than ninety days or both such fine and imprisonment. Upon a subsequent conviction, such person shall be punished by a fine of not less than ten thousand dollars nor more than twenty thousand dollars or by imprisonment for not more than one hundred and eighty days or both such fine and imprisonment. In addition or as an alternative to such penalties, any such person may be ordered to restore the significant habitat to its prior condition.
(c) Any person who violates section 2 or any rule or regulation adopted under this chapter shall be subject to a civil assessment not to exceed $10,000 for each such violation. The civil assessment may be asserted in an action brought on behalf of the commonwealth in a court of competent jurisdiction.
The superior court shall have jurisdiction to enjoin violations of, or to grant such additional relief as it deems necessary or appropriate to secure compliance with this chapter upon petition of the director or the attorney general.
(d) The commission of a prohibited act with respect to each individual animal or plant, or part thereof, shall constitute a separate violation...
Citation: M.G.L.A. 131A § 6.
In addition to the penalties provided for in this section for violating any of the provisions of chapter one hundred and thirty-one, or any rule or regulation made under the authority thereof, any person convicted of the illegal taking or illegal possession of animals, birds, fur-bearing animals and fish, resulting in the injury, death or destruction of the same, may be required to make restitution to the commonwealth for the value of each animal, bird, fur-bearing animal or fish so taken or possessed as follows:...
(g) Endangered, Threatened and Special Concern Species included on the official Massachusetts List of Endangered Wildlife and Wild Plants established pursuant to section 4 of chapter 131A.
Endangered Species: two thousand dollars
Threatened Species: one thousand dollars
Species of Special Concern: five hundred dollars.
Citation: M.G.L.A. 131 § 90.