Sec. 1. 27 MRSA §373-A, sub-§8, as amended by PL 1981, c. 568, §§1 to 3, is further amended to read:

8. Site. "Site" means an area containing archaeological artifacts or materials or other evidence of habitation, occupation or other use by historic or prehistoric people, and which is either:

A. On or under state-controlled land and is:

(1) Listed in the National Register of Historic Places or judged eligible for national register listing by the Maine Historic Preservation Commission and, if the area is judged eligible for listing, the site designation is approved by the appropriate land managing agency director or local governing body; and

(2) Posted;

B. The subject of a preservation agreement between the landowner or landowners and the Maine Historic Preservation Commission, pursuant to Title 33, section 1551 and is:

(1) Listed in the National Register of Historic Places; and

(2) Posted; or

C. Subject to section 378.

Sec. 2. 27 MRSA §375, sub-§2, as amended by PL 1989, c. 171, §2, is further amended to read:

2. Penalty. Violation Notwithstanding Title 17-A, sections 4-A and 1301, a violation of this chapter is a civil violation Class E crime for which a forfeiture fine of not less than $50 nor more than $1,000 shall $250 must be adjudged. The unlawful excavation for any one day shall constitute constitutes a separate violation. The court also may order the defendant to pay an amount equal to the reasonable cost of a proper archaeological excavation had the area that was unlawfully excavated been properly excavated. The Director of the Maine Historic Preservation Commission, in the name of the people of this State through the Attorney General, may in addition to other remedies provided bring an action for an injunction seeking one or more of the following remedies:

A. To restrain a violation of this chapter; or