| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 12 MRSA §6404-E is enacted to read: |
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| | | §6404-E.__Suspension based on 3 or more convictions of | | possessing |
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| | | The commissioner shall suspend the sea urchin fishing | | license of any license holder convicted in court of a 3rd or | | subsequent offense of possessing sea urchins smaller than the | | minimum size established pursuant to section 6749-A.__The | | suspension must be for at least one year from the date of | | conviction and may be up to 3 years.__Any conviction occurring | | more than 5 years before the last conviction may not be | | counted in determining the suspension. |
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| | | Sec. 2. 12 MRSA §6749-A, as amended by PL 2001, c. 327, §9, is | | repealed and the following enacted in its place: |
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| | | 1.__Prohibition.__It is unlawful for a person to take, | | possess, ship, transport, buy or sell a sea urchin having a | | shell measuring less than 2 inches in the longest diameter, | | exclusive of spines.__The department may adopt rules to | | provide for an increase in the minimum size after consultation | | with the Sea Urchin Zone Council.__Rules adopted pursuant to | | this subsection are routine technical rules as defined in | | Title 5, chapter 375, subchapter 2-A. |
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| | | 2.__Penalty.__A person who violates this subsection commits | | a Class D crime that is punishable by a fine of not less than | | $500 for the first offense and not less than $1,000 for the | | 2nd offense.__The fine may not be suspended. |
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| | | Sec. 3. 12 MRSA §6749-O, sub-§5 is enacted to read: |
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| | | 5.__Protection from depletion.__The commission may adopt | | rules for sea urchin license limited entry system to prohibit | | a new entry in a year when it is necessary to protect or | | conserve the urchin fishery from imminent depletion. |
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| | | Sec. 4. 12 MRSA §6749-R, sub-§1, as amended by PL 2001, c. 327, | | §15, is further amended to read: |
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| | | 1. Uses of fund. The commissioner shall use the fund for | | research directly related to sea urchin fishery management | | information needs and for reporting to licensed sea urchin | | harvesters, boat tenders, processors and buyers on the results | | of research and the use of fund revenues. The purpose of that |
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