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

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

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