§6728-C. Dive-only areas
1.
Dragging in dive-only areas prohibited.
A person may not take scallops by dragging in a dive-only area, as established in subsection 2.
[PL 2013, c. 230, §1 (NEW).]
2.
Dive-only areas established.
At the written request of a municipality, the commissioner may establish in harbors where there are 5 or more moorings within that municipality dive-only areas where a person may fish for or take scallops by hand.
[PL 2013, c. 230, §1 (NEW).]
3.
Violation.
A person who violates subsection 1 commits a civil violation for which the following penalties apply:
A.
For a first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;
[PL 2013, c. 230, §1 (NEW).]
B.
For a 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
[PL 2013, c. 230, §1 (NEW).]
C.
For a 3rd or subsequent offense, 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.
[PL 2013, c. 230, §1 (NEW).]
[PL 2013, c. 230, §1 (NEW).]
4.
Rules.
The commissioner may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2013, c. 230, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 230, §1 (NEW).