[§6D-4]  Disturbance of native organisms. 
(a)  It shall be unlawful for any person to intentionally, knowingly, or recklessly
remove, kill, or substantially harm any native or endemic organisms within any
cave except as provided by a scientific permit obtained from the appropriate
agency.  This is not intended to restrict normal fishing and gathering in
accordance with existing laws.



(b)  This section shall not apply to caves
encountered within the normal course of a construction context; provided that any
cave protection mitigative measures disclosed through environmental review
under chapter 343 and land use permitting processes shall be adhered to.



(c)  This section shall not in any way prohibit
or constrain surface activities on the land above a cave. [L 2002, c 241, pt of
§2]