Chapter 695
H.P. 1615 - L.D. 2252
PART I
Sec. I-1. 12 MRSA §6701, sub-§7,  as enacted by PL 2007, c. 557, §1, is repealed.
Sec. I-2. 12 MRSA §6702, sub-§7,  as enacted by PL 2007, c. 557, §2, is repealed.
Sec. I-3. 12 MRSA §6703, sub-§6,  as enacted by PL 2007, c. 557, §3, is repealed.
Sec. I-4. 12 MRSA §6721-A, sub-§5,  as amended by PL 2007, c. 607, Pt. A, §6 and Pt. B, §4, is repealed and the following enacted in its place:
5. Violation.
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Notwithstanding section 6174, subsection 3, 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. I-5. 12 MRSA §6721-A, sub-§6,  as amended by PL 2007, c. 557, §4, is repealed.
Sec. I-6. 12 MRSA §6722,  as repealed and replaced by PL 2007, c. 557, §5 and c. 607, Pt. B, §5, is repealed and the following enacted in its place:
1. Scallop fishing season.
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Unless modified by rules adopted under section 6171-A, a person may not fish for or take scallops in the territorial waters from April 16th to November 30th, both days inclusive.
2. Violations.
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Notwithstanding section 6174, subsection 3, 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. The penalty imposed pursuant to this paragraph is in addition to the penalty imposed under section 6728-B.
Sec. I-7. 12 MRSA §6725,  as repealed and replaced by PL 2007, c. 557, §6 and c. 607, Pt. B, §7, is repealed and the following enacted in its place: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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Notwithstanding section 6174, subsection 3, 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. The penalty imposed pursuant to this paragraph is in addition to the penalty imposed under section 6728-B.
Sec. I-8. 12 MRSA §6726, sub-§4,  as enacted by PL 2007, c. 557, §7, is amended to read:
4. Violations.
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Notwithstanding section 6174, subsection 3, a person who violates this section in Cobscook Bay 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. The penalty imposed pursuant to this paragraph is in addition to the penalty imposed under section 6728-B.
Sec. I-9. 12 MRSA §6728-B,  as enacted by PL 2007, c. 557, §10 and c. 607, Pt. B, §8, is repealed and the following enacted in its place:
The commissioner shall suspend the handfishing 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.