CHAPTER 92
H.P. 595 - L.D. 836
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6053 is enacted to read:
A violation of any provision of this chapter is a civil violation, unless another penalty has been expressly provided.
Sec. 2. 12 MRSA §6072, sub-§12-B is enacted to read:
12-B. Extension of lease. If a person who holds a lease pursuant to this section submits a completed renewal application pursuant to subsection 12 for that lease area before the expiration of that lease, the lease remains in effect until the commissioner makes a decision pursuant to subsection 12.
Sec. 3. 12 MRSA §6072, sub-§17 is enacted to read:
17. Restitution. A person who cuts any lines or marker buoys or intentionally damages approved aquaculture gear commits a civil violation for which a fine of not less than $100 for each violation may be adjudged. In addition, the court shall:
A. Order that person to pay to the owner of the approved aquaculture gear that was cut or damaged an amount equal to twice the replacement value of the gear that was damaged or lost as a result of the cutting or damaging action; and
B. Direct that person to provide the commissioner, upon making full payments as ordered by the court, proof of that payment.
Sec. 4. 12 MRSA §6072-A, sub-§23 is enacted to read:
23. Restitution. A person who cuts any lines or marker buoys or intentionally damages approved aquaculture gear commits a civil violation for which a fine of not less than $100 for each violation may be adjudged. In addition, the court shall:
A. Order that person to pay to the owner of the approved aquaculture gear that was cut or damaged an amount equal to twice the replacement value of the gear that was damaged or lost as a result of the cutting or damaging action; and
B. Direct that person to provide the commissioner, upon making full payments as ordered by the court, proof of that payment.
Sec. 5. 12 MRSA §6072-C, sub-§9, as enacted by PL 2001, c. 421, Pt. B, §12 and affected by Pt. C, §1, is amended to read:
9. Violation; restitution. A person who violates this section commits a civil violation for which a forfeiture fine of not less than $100 nor more than $500 for each violation may be adjudged. If a person violates subsection 7 by cutting any lines or marker buoys or intentionally damaging approved aquaculture gear, the court shall also:
A. Order that person to pay to the owner of the approved aquaculture gear that was cut or damaged an amount equal to twice the replacement value of the gear that was damaged or lost as a result of the cutting or damaging action; and
B. Direct that person to provide the commissioner, upon making full payment as ordered by the court, proof of that payment.
Sec. 6. 12 MRSA §6073-A, as amended by PL 1999, c. 575, §1, is further amended to read:
§6073-A. Season and minimum size exemption; aquaculture
The holder of a lease issued under section 6072, 6072-A or 6072-B or a license issued under section 6072-C is exempt from any requirement regarding the time of taking or possessing, minimum or maximum length or other minimum or maximum size requirement for any marine organism cultivated on the leased area. The exemption applies only to those organisms actually cultivated on the leased area. The commissioner shall require a system of identification of organisms exempted under this section.
Sec. 7. 12 MRSA §6078-A, sub-§2, as amended by PL 2003, c. 660, Pt. A, §§19 and 20, is repealed.
Sec. 8. 12 MRSA §6078-A, sub-§4, as enacted by PL 2003, c. 247, §19, is repealed.
Sec. 9. 12 MRSA §6080, sub-§3, as amended by PL 2003, c. 247, §20, is further amended to read:
3. Purpose. The council shall make recommendations to the commissioner concerning expenditures from the Aquaculture Monitoring, Research and Development Management Fund for the purposes described under section 6078-A, subsections 3 and 4 6072-D and concerning other matters of interest to the aquaculture industry.
Effective September 17, 2005.
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