Chapter 607
H.P. 1455 - L.D. 2071
PART B
Sec. B-1. 12 MRSA §6701, sub-§6,  as enacted by PL 2001, c. 421, Pt. B, §40 and affected by Pt. C, §1, is amended to read:
6. Violation.
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A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. the following penalties apply: A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728-B.
Sec. B-2. 12 MRSA §6702, sub-§6,  as enacted by PL 2001, c. 421, Pt. B, §41 and affected by Pt. C, §1, is amended to read:
6. Violation.
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A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. the following penalties apply: A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728-B.
Sec. B-3. 12 MRSA §6703, sub-§5,  as enacted by PL 1999, c. 771, Pt. B, §9 and affected by Pt. D, §§1 and 2, is amended to read:
5. Penalty.
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A person who violates this section commits a civil violation for which a forfeiture of not less than $100 and not more than $500 may be adjudged. the following penalties apply: A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728-B.
Sec. B-4. 12 MRSA §6721-A, sub-§5,  as reallocated by PL 2003, c. 520, §8, is amended to read:
5. Violation.
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A person who violates this section commits a civil violation . The for which the following penalties apply . :A. For the first offense, a mandatory fine of $250 $500 is imposed and all scallops on board may be seized . ;
B. For the 2nd and each subsequent offense, a mandatory fine of $250 $750 is imposed , and all scallops on board may be seized and the scallop boat license may be suspended for one year. ; and
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728-B.
Sec. B-5. 12 MRSA §6722,  as amended by PL 2001, c. 272, §14, is repealed and the following enacted in its place:
1. Scallop fishing season.
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Unless modified by regulation adopted under section 6171-A, a person may not fish for or take scallops in the territorial waters from April 16th to November 30th.
2. Violations.
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A person who violates this section commits a civil violation for which the following penalties apply: A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728-B.
Sec. B-6. 12 MRSA §6724,  as enacted by PL 1977, c. 661, §5, is repealed and the following enacted in its place:
1. Prohibition.
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A person may not fish for or take scallops by use of an otter trawl inside and upriver of a line drawn from the lighthouse on Dice Head, Castine to Turtle Head on Islesboro and thence to the town wharf at Bayside, Northport.
2. Violations.
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A person who violates this section commits a civil violation for which the following penalties apply: A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728-B.
Sec. B-7. 12 MRSA §6725,  as enacted by PL 1977, c. 661, §5, is repealed and the following enacted in its place:
1. Prohibition.
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A person may not possess, ship, transport, buy or sell scallops taken in violation of this subchapter.
2. Violations.
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A person who violates this section commits a civil violation for which the following penalties apply: A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728-B.
Sec. B-8. 12 MRSA §6728-B  is enacted to read:
The commissioner shall suspend the hand fishing scallop license or other license issued under this Part authorizing the taking of scallops of any license holder adjudicated or convicted in court of a 3rd or subsequent violation of this subchapter. The suspension must be for at least one year from the date of conviction and may be for up to 3 years.