The court may order a person adjudicated as having committed a civil violation to pay restitution as part of the judgment.__ Title 17-A, chapter 54 applies to the determination, ordering, payment and enforcement of an order of restitution.

§5603.__License suspension

1.__Grounds for suspension.__A department or agency of the State may suspend a license, permit or certificate issued by that department or agency if the person holding the license, permit or certificate is convicted or adjudicated of violating a law or rule administered by that department or agency.

2.__Effective date of suspension.__For violations having a minimum statutory suspension period, a suspension is effective upon conviction or adjudication and the license, permit or certificate holder must surrender the license, permit or certificate immediately to the issuing department or agency of the State.__For a violation that does not have a minimum statutory suspension period, a suspension is effective upon written notification of suspension by the department or agency.__ The license holder must surrender that license, permit or certificate to the department or agency upon receipt of a notice of suspension and is entitled to a hearing under subsection 3.

3.__Hearing.__A person receiving a notice of suspension under subsection 2 may request a hearing on that suspension.__A request for a hearing must be in writing and must be made not later than 30 days after receipt of the suspension notice required under subsection 2.__The department or agency of the State that issued the suspension notice shall notify the person of the date and location of the hearing.

A.__A person may present evidence at a hearing concerning the violation that might justify reinstatement of the license, permit or certificate or the reduction of the suspension period.__If the petitioner denies any of the facts contained in the record, the petitioner has the burden of proof.

B.__Decisions of the department or agency must be in writing.__Except as provided in paragraph C, the department or agency may reinstate the license, permit or certificate or reduce the suspension period if the department or agency finds that the person has not been convicted or adjudicated, or that reinstatement of the license, permit or certificate or reduction of the suspension period would be in the best interests of justice.

C.__The department or agency may not waive or reduce any mandatory minimum suspension period established in statute.

4.__Supplement.__The authority conferred by this section is in addition to the authority a department or agency of the State has under other provisions of law.

Sec. A-2. 30-A MRSA §282, sub-§3-A is enacted to read:

3-A.__Civil violations.__Unless otherwise provided by law, the district attorney shall prosecute all civil violations in any county within the district attorney's prosecutorial district and shall be present at the trial of any such case.

PART B

Sec. B-1. 5 MRSA §12004-G, sub-§3-A, as enacted by PL 1989, c. 503, Pt. A, §12, is amended to read:

3-A. Pull Events Expenses 7 MRSA

Agriculture CommissionOnly §75 §75-A

Sec. B-2. 7 MRSA §16, as repealed and replaced by PL 1977, c. 696, §54, is repealed and the following enacted in its place:

§16.__Penalties

Unless a specific penalty has otherwise been provided, a person, firm, partnership or corporation that violates a provision of this Title or a rule adopted pursuant to this Title commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-3. 7 MRSA §75, as amended by PL 1999, c. 73, §§1 to 4, is repealed.

Sec. B-4. 7 MRSA §75-A is enacted to read:

§75-A.__Pulling events between animals; application

1.__Permits.__A person, firm, corporation or unincorporated society or association may not conduct a public or private pulling event between animals or pairs of animals within the State without a permit from the commissioner.

2.__Application.__A person shall make an application for a permit in writing to the commissioner at least 10 days prior to the date on which a pulling event is intended to take place and

shall give the name of the person, firm, corporation or unincorporated society or association holding the event and the date and place the event is to be held.__One application and one permit may include one or more separate events when specified.__ Permits granted under this section are not transferable.

3.__Fees.__The commissioner shall charge a permit fee of $10 per pull day, up to a maximum of $50 for pulls held on consecutive days at the same location.__All revenue derived from the permit fees must be deposited in the General Fund.

4.__Statutory rules.__A permit may not be issued unless the sponsor has adopted the following rules governing the conduct of each contest.

A.__All teamsters who are to compete in contests shall have their teams ready at the published starting time.__All classes must be closed after the positions are drawn.__ Classes must start as nearly as possible to the published time.

B.__Check weighing must be allowed prior to the official weigh-in.__All weighing must be done in the forenoon if possible.__ Teams must have on halters.__Horses and ponies must have on shoes.

C.__Measuring must be in a straight line to the nearest point on the drag.__Line-to-line measuring is allowed.__The front of the drag must touch the line before turning.__To get the full-line measure, the drag must be turned more than 1/2 way or the back of the drag must be over the line.

D.__Teams must stay hooked to the drag at all times.__ Unhitching and rehitching are not allowed.

E.__An actual separation, breaking or bending of equipment constitutes a breakdown.__A team breaking down may take the distance pulled or return to the last position and pull over.__Only one breakdown is allowed.

F.__Time limits are a maximum of 5 minutes.__Time starts when the drag is moved.__The time limit to hook on in distance pulls is 3 minutes.

G.__On horses, the very light use of the reins on the hindquarters only is allowed and over and under is not allowed.__Whips, brads or goads are not allowed.__Reins may not be doubled up.__Electrical or electronic devices are not allowed.__Open bridles are not allowed.__Ponies may not be struck except in a sweepstakes when they may be struck with a cap or bare open hand.

On oxen, the use of the goad must be very light.__The goad may not have a brad in it, only a plain yoke and chain or pole that may be pulled, except that a rope may be allowed in children's classes as provided in rules adopted pursuant to subsection 8.__All chains must be covered to the hook.__ Plastic goads are not allowed.__The goad stick may not be over 4 feet long unless approved by the pull superintendent and may not exceed 1/2 inch in diameter on the small end.__ The goad stick may be taped with friction tape but not weighted.__The stick may be used lightly on the face to control the oxen but not around the eyes.

H.__Any number of helpers is allowed to help hitch.__After hitch-on, there may be no more than 2 helpers.__The__helpers shall stay behind the drag unless needed to help the teamster.__ The helpers may not have a stick.__This paragraph applies to distance pulls only.

I.__All participants must be properly dressed.__Proper language must be used at all times.__Any participant under the influence of liquor must be disqualified from the contest.__Tests may be made to determine intoxication.__The drinking of intoxicating beverages by participants in and around the ring is prohibited.

J.__The fair association or other sponsor decides the splitting of teams.

K.__Heading of horses or oxen is not allowed.__One inch pulled constitutes a hitch.__Stepping over the rail counts as a hitch and 5 minutes are allowed for hitching.__Three attempts may be made within that period.__Time taken out to position the drag for the next pull may not be counted.__ Teamsters may not be changed after the first load is pulled.__ A team deliberately driven over the rail is disqualified from the contest.__In case of a tie on the longest distance, the 2nd-longest distances already pulled will take first place.__Persons acting as eveners shall remain quiet after hitching on.__This paragraph does not apply to distance pulls.

L.__There may not be heading of horses after a pull starts unless there is a mix-up, snarl or breakdown.

M.__A substantial barrier must be maintained at the end of the ring toward which the pull is proceeding to prevent or substantially impede runaways.__A teamster losing control of the team is disqualified immediately.

N.__There is 100 pounds tolerance on draft steers and oxen on and after Labor Day weekend.

O.__An animal that is thin, dehydrated, shows open sores or is lame is disqualified.

P.__Before a team is allowed to pull, the owner shall provide a certificate of liability insurance in the amount of $300,000.

5.__Pull superintendent.__Each sponsor of a pulling event shall appoint a pull superintendent who is certified by the commissioner under this section.__The name of the superintendent must be submitted in conjunction with the application for a permit to conduct each event.__Only those listed on the application as superintendent or assistant superintendent may officiate.__A superintendent may not officiate as superintendent for a class in a pull event in which that superintendent is participating as a competitor.__An assistant superintendent may not officiate as superintendent for a class in a pull event in which that assistant superintendent is participating as a competitor.__The Pull Events Commission established pursuant to subsection 6 shall adopt rules for the qualifications required to be a pull superintendent or assistant pull superintendent.__Rules must be adopted in accordance with Title 5, chapter 375.

6.__Pull Events Commission.__The Pull Events Commission is established pursuant to this subsection.

A.__The Pull Events Commission, as authorized by Title 5, section 12004-G, subsection 3-A, is established to develop rules for the certification of pull superintendents and for actions to be taken in the event of violation of pull laws and rules.

B.__The Pull Events Commission consists of 11 members:

(1)__Two members appointed by a statewide association representing owners of draft horses and oxen who participate in pulling events, one member appointed by an association representing owners of oxen who participate in pulling events and one member appointed by an association representing owners of ponies who participate in pulling events;

(2)__An agricultural fair coordinator from the department;

(3)__One Fair Superintendent appointed by the Maine Association of Agricultural Fairs;

(4)__Two representatives appointed by state humane organizations;

(5)__The commissioner or a designated representative;

(6)__One member, appointed by the commissioner, representing the general public; and

(7)__One member, appointed by the commissioner, representing the animal pulling industry.

C.__The Pull Events Commission shall elect one of its members as chair.__The chair serves a 2-year term and may not serve as chair for consecutive terms.__The commission shall meet a minimum of twice annually.

D.__With the exception of the commissioner and the fair coordinator, appointments must be for terms of 2 years.__The appointing authority fills a vacancy for a full 2-year term.__ The appointing authority may remove a commission member for cause, which includes poor attendance.__The chair shall make recommendations to the appointing authority concerning a removal.

E.__Commission members may receive expenses but not per diem.

F.__The commission shall:

(1)__Develop qualifications for the certifying of pull superintendents and guidelines for dealing with violations of this section;

(2)__Periodically review the rules for pulls as contained in subsection 4 and recommend to the Legislature such changes as necessary;

(3)__Hold hearings as required on its rule-making activities and on individual violations.__These hearings must be held in accordance with Title 5, chapter 375;

(4)__Give advice and recommendations to the commissioner on request or as the commission considers necessary; and

(5)__Coordinate, develop and conduct pulling superintendent training seminars.

7.__Enforcement.__The superintendent shall enforce the laws and rules governing pull events and shall report participants who are disqualified, violations of the law and other matters, as appropriate, to the Pull Events Commission.__The commission shall send a copy of any such report to the sponsor whose name appears on the application for the pulling event and to the person whose conduct has been reported to the commission.

Humane agents shall promptly report to the pull superintendent any pulling event actions that violate this chapter, any of the animal welfare laws in this Title or any rule enacted by the department.__If the superintendent fails or refuses to take corrective action, the humane agent shall take action to enforce the animal welfare laws and make a written report to the commission concerning all violations.

8.__Rules.__In accordance with Title 5, chapter 375, and with the advice of the Pull Events Commission, the commissioner may adopt rules necessary to carry out the purposes of this chapter.

9.__Civil violations.__ A person, firm, corporation or unincorporated association or society that conducts or causes to be conducted a public or private pulling event between animals or pairs of animals within the State without a permit from the commissioner commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

A person, firm, corporation or unincorporated association or society that within the previous 5 years has been convicted of a violation of Title 17, section 1031 or has been adjudicated to have committed a civil violation of section 4011, and that participates as an animal owner or handler or in any other capacity, directly or indirectly, in a pulling event required to have a permit pursuant to this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

10.__Permit revocation.__A person, firm, corporation or unincorporated association or society required to obtain a permit under this section to conduct a pulling event may not allow, after having received notice from the Department of Agriculture, Food and Rural Resources, a person, firm, corporation or unincorporated association or society that has been convicted within 5 years of violation of Title 17, section 1031, or that has been adjudicated within 5 years to have committed a civil violation of section 4011 to participate as an owner or handler or in any other capacity, directly or indirectly, in a pulling event.__A violation of this provision is grounds, upon compliance with appropriate provisions of Title 5, chapter 375, for revocation or nonrenewal of a permit issued under this section.

Sec. B-5. 7 MRSA §512, as amended by PL 1977, c. 696, §60, is further amended to read:

§512. Penalties

Any A person violating any of the provisions who violates a provision of this subchapter is guilty of a Class E crime commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. No A person shall be is not subject to the penalties provided in this section if such the person establishes a written guarantee or undertaking in which is furnished the name and address of the manufacturer or distributor, and the statement that he the person received such the products in good faith in reliance upon the manufacturer or distributor to the effect that such products were manufactured and labeled in compliance with this subchapter or with such Federal Acts which federal law that may relate to the regulations of the distribution of hazardous substances covered by this subchapter.

Sec. B-6. 7 MRSA §643, as repealed and replaced by PL 1977, c. 696, §69, is amended to read:

§643. Violations

Any A person, firm or corporation who that violates any provision of sections 640 to 642 shall be guilty of a Class E crime, and the commissioner is expressly empowered to enforce those sections and to be vigilant in discovering violations thereof, and making complaint to the proper authorities commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-7. 7 MRSA §722, as amended by PL 1979, c. 731, §19, is further amended to read:

§722. Penalties

Any person, violating any of the provisions A person who violates a provision of this subchapter or who shall impede, hinder or otherwise prevent, or attempt to prevent, impedes, hinders or otherwise prevents the commissioner, or his the commissioner's duly authorized agent, in the performance of his the commissioner's duty in connection with this subchapter, commits a civil violation for which a forfeiture of not less than $100 nor more than $200 shall may be adjudged for the first violation and for which a forfeiture of not less than $200 nor more than $500 shall may be adjudged for each subsequent violation.

Nothing in this subchapter shall may be construed as requiring the commissioner, or his representative, the commissioner's agent to cause suit to be brought or institute seizure proceedings or issue a withdrawal from distribution order, as a result of minor violations of this subchapter, or when he the commissioner believes that the public interest will best be served by suitable notice of warning in writing.

It shall be the duty of those The authorities to whom any a violation is reported to shall cause appropriate proceedings to be instituted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for suit to be brought, the distributor must have an opportunity shall be given the distributor to present his the distributor's view to the commissioner.

The commissioner is authorized to apply for and the court to grant a temporary or permanent injunction restraining any a person from violating or continuing to violate any of the provisions of this subchapter or any rule or regulation promulgated under this subchapter notwithstanding the existence of other remedies at law. This injunction shall must be issued without bond.

Any A person adversely affected by an act, order or ruling made pursuant to this subchapter may within 45 days thereafter bring action in the Superior Court in the county where of the enforcement official has his official's office for judicial review of such the actions. The form of the proceeding shall must be any which that may be provided by statutes of this State to review decisions of administrative agencies, or in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.

Any A person who uses to his that person's own advantage, or reveals to other than the commissioner or officers of the Maine Department of Agriculture, Food and Rural Resources, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this subchapter, concerning any method, records, formulations or processes which that as a trade secret is secrets are entitled to protection, is guilty of a Class E crime commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. This prohibition shall may not be deemed as prohibiting the commissioner or his the commissioner's duly authorized agent from exchanging information of a regulatory nature with duly appointed officials of the United States Government, or of other states, who are similarly prohibited by law from revealing this information.

Sec. B-8. 7 MRSA §1006-A is enacted to read:

§1006-A.__Penalties

A person who violates a provision of sections 991 to 994 or a provision of a marketing order duly issued by the commissioner commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.__Each day during which a violation continues constitutes a separate offense.

Sec. B-9. 10 MRSA §3331, as repealed and replaced by PL 1977, c. 1, §3, is repealed and the following enacted in its place:

§3331. Violations and penalty

1.__Violation.__A processor may not remove any farm product that is delivered to the processor or any processed form of the farm product upon which any of the liens that are provided for in this chapter are attached from this State or beyond the processor's ownership or control, except any farm product or processed form of the product as may be in excess of a quantity that is on hand of a value that is sufficient to satisfy all existing liens, provided, that neither this section and the penalties provided in this section or any other provision of this chapter may affect, impede or restrict the rights and remedies of a lienor or holder of a security interest having priority under section 3325 to enforce its liens or security interests against the inventory of a processor and the proceeds and products of the processor and the lienor or security interest holder or any person cooperating or acting in accordance with the request of the lienor or security interest holder may not be in violation of this section.

2.__Penalty.__A person who violates a provision of this chapter commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-10. 12 MRSA §6072-C, sub-§1, as enacted by PL 1999, c. 567, §2, is amended to read:

1. License required. It is unlawful for a A person to may not engage in the activities authorized under this section without a current limited-purpose aquaculture license or a lease issued under this Part authorizing the activities.

Sec. B-11. 12 MRSA §6072-C, sub-§7, as enacted by PL 1999, c. 567, §2, is amended to read:

7. Prohibition; molesting gear. It is unlawful for a A person other than a marine patrol officer, the licensed owner of the gear or the licensed owner's assistant, with written permission from the licensed owner, to may not utilize, raise, lift, transfer, possess or in any manner molest any approved aquaculture gear that is deployed under a current limited-purpose aquaculture license.

A. If a person violates this subsection by cutting any lines or marker buoys or intentionally damaging approved aquaculture gear, the court shall, upon finding a violation of this subsection:

(1) 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

(2) Direct that person to provide the commissioner, upon making full payment as ordered by the court, proof of that payment.

B. A penalty imposed under this subsection is in addition to any penalty imposed under section 6204.

Sec. B-12. 12 MRSA §6072-C, sub-§9 is enacted to read:

9.__Violation; restitution.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 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. B-13. 12 MRSA §6112, as amended by PL 1991, c. 378, is further amended to read:

§6112. Labeling of food products containing surimi

A food product may not be sold in this State consisting of or containing surimi unless the packaging containing the food product is clearly and conspicuously labeled or, if there is no packaging, unless a sign is conspicuously displayed, indicating that the product is "imitation lobster," "imitation crab," "imitation" followed by the name of the seafood imitated, "processed seafood," "surimi," "lobster-processed seafood salad," "crab-processed seafood salad" or other terms as approved by the Department of Marine Resources through rules adopted in accordance with Title 5, chapter 375, subchapter II. Any term approved by that department is sufficient to notify the public that the product contains surimi. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-14. 12 MRSA §6113, as repealed and replaced by PL 1985, c. 622, §4, is amended to read:

§6113. Serving food containing surimi

No food Food containing surimi or a surimi product may not be served in any eating establishment in the State whether for consumption on or off the premises, unless on the menu and all notices advertising the food it is clearly and conspicuously labeled as "imitation lobster," "imitation crab," "imitation" followed by the name of the seafood imitated, "processed seafood," "surimi," "lobster-processed seafood salad," "crab- processed seafood salad" or other terms as approved by the Department of Marine Resources through rules adopted in accordance with Title 5, chapter 375, subchapter II. Any term approved by that department shall be is sufficient to notify the public that the product contains surimi. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-15. 12 MRSA §6351, as amended by PL 1995, c. 218, §1, is repealed and the following enacted in its place:

§6351.__Suspension based on criminal conviction or civil

adjudication

1.__Grounds for suspension.__Any of the following is grounds for suspension of a license or certificate issued under this Part:

A.__A conviction for a violation of a marine resources law;

B.__A conviction for a violation of Title 17-A, chapter 31;

C.__A conviction for a criminal offense against a marine patrol officer while that officer is engaged in the performance of official duty; or

D.__A civil adjudication of having violated a marine resources law.

2.__Suspension procedure.__In order to suspend a license or certificate because of a conviction or adjudication, the commissioner shall follow the procedures of this article.

Sec. B-16. 12 MRSA §6401, as amended by PL 1985, c. 43, is further amended to read:

§6401. Suspension based on criminal conviction or civil

adjudication

1. Violation of marine resources laws. The commissioner may suspend any and all licenses or certificates issued under this Part if a person is convicted or adjudicated in court of violating any section of the marine resources' resources laws.

2. Length of suspension. The suspension of a license or certificate may not exceed the following:

A. One year from the date of the first conviction or adjudication;

B. Two years from the date of the 2nd conviction or adjudication; and

C. Three years from the date of the 3rd or subsequent conviction or adjudication.

3. Applicable standards. Any conviction or adjudication occurring more than 7 years before the last conviction shall may not be counted in determining lengths of suspension.

Sec. B-17. 12 MRSA §6402, as amended by PL 1993, c. 543, §1, is further amended to read:

§6402. Suspension based on adjudication of molesting

The commissioner shall suspend the lobster and crab fishing license of a license holder convicted adjudicated in court of violating section 6434. This suspension is for 3 years from the date of conviction adjudication.

1. Adjudications for cutting lobster trap lines. A person convicted adjudicated under section 6434 of molesting lobster gear by cutting a lobster trap line shall, upon making full payment as ordered by the court under section 6434, subsection 4 5, paragraph A, provide the commissioner with proof of that

payment. If the commissioner does not receive that proof within 3 years after the date of conviction adjudication, the commissioner shall continue that license suspension until such time as that proof is received.

Sec. B-18. 12 MRSA §6402-A, as amended by PL 1987, c. 1, §1, is further amended to read:

§6402-A. Suspension based on adjudication of dragging in cable

area

For any a person convicted adjudicated in court of violating section 6954 or 6954-A, the commissioner shall suspend the license authorizing the activity in which the person was engaged at the time of the violation. The suspension shall be is for one year from the date of the conviction adjudication. If the person was ordered by the court to pay restitution as provided in section 6954 or 6954-A, the commissioner shall continue the license suspension longer than one year until the person has made payment in full and provides the commissioner with proof of that payment.

Sec. B-19. 12 MRSA §6404-A, as enacted by PL 1995, c. 536, Pt. A, §5, is amended to read:

§6404-A. Suspension based on adjudication of molesting elver gear

The commissioner shall suspend the elver fishing license of any license holder convicted adjudicated in court of violating section 6575-D. This suspension must be for one year from the date of conviction adjudication.

Sec. B-20. 12 MRSA §6421, sub-§1, as amended by PL 1995, c. 568, §1, is further amended to read:

1. License required. It is unlawful for any A person to may not engage in the activities authorized by this license under this section without a current Class I, Class II, Class III, apprentice, student or noncommercial lobster and crab fishing license or other license issued under this Part authorizing the activities.

Sec. B-21. 12 MRSA §6421, sub-§5, as amended by PL 1999, c. 658, §1 and c. 790, Pt. B, §1, is further amended to read:

5. Eligibility. A Class I, Class II, Class III, apprentice, noncommercial or student lobster and crab fishing license may only be issued to an individual and who is a resident license. A Class I, Class II or Class III license may be issued to a person only if the person:

A. Possessed a Class I, Class II or Class III lobster and crab fishing license in the previous calendar year;

C. Meets the requirements of the apprentice program under section 6422 or section 6475;

D. Did not possess a Class I, Class II or Class III lobster and crab fishing license in the previous calendar year because the commissioner had suspended the person's license privileges for a length of time that included the previous calendar year; or

H. Has held a student lobster and crab fishing license in 3 consecutive years and:

(1) Is 18 years of age or older; or

(2) Is a high school graduate.

This paragraph is repealed December 31, 2001.

Sec. B-22. 12 MRSA §6421, sub-§9 is enacted to read:

9.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-23. 12 MRSA §6431-A, sub-§4 is enacted to read:

4.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-24. 12 MRSA §6434, as amended by PL 1993, c. 543, §2, is further amended to read:

§6434. Molesting lobster gear

No A person may not raise, lift, transfer, possess or in any manner molest any lobster trap, warp, buoy or car except as provided in this section.

1. Permitted activities. Lobster traps, warps, buoys and cars may be raised, lifted, transferred, possessed or otherwise molested by the following:

A. A marine patrol officer;

B. The licensed owner;

C. Any person having written permission from the licensed owner; and

D. Any person authorized by rule pursuant to subsection 2.

2. Adoption of rules required. The commissioner shall promulgate adopt rules, no later than January 1, 1990, authorizing the removal of traps, warps, buoys or cars that are washed up above the mean low tide mark or are otherwise abandoned or lost.

3. Prohibition. Traps A person other than the licensed owner may not use for fishing traps, warps, buoys or cars may not be used for fishing by any person other than the licensed owner unless except with written permission from the licensed owner.

4. Additional penalty. If the holder of a lobster and crab fishing license violates this section by cutting a lobster trap line, the court shall:

A. Order that person to pay to the owner of the trap line that was cut an amount equal to twice the replacement value of all traps lost as a result of that cutting; and

B. Direct that person to provide proof of payment of that restitution to the Commissioner of Marine Resources as required by section 6402, subsection 1.

A penalty imposed under this subsection is in addition to any penalty imposed under section 6204.

5.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.__If the holder of a lobster and crab fishing license violates this section by cutting a lobster trap line, the court shall also:

A.__Order that person to pay to the owner of the trap line that was cut an amount equal to twice the replacement value of all traps lost as a result of that cutting; and

B.__Direct that person to provide proof of payment of that restitution to the commissioner as required by section 6402, subsection 1.

Sec. B-25. 12 MRSA §6474, sub-§1, as enacted by PL 1997, c. 574, §4, is amended to read:

1. Prohibition. It is unlawful for a A person to may not submerge a lobster trap in the Monhegan Lobster Conservation Area unless a lobster trap tag designated for use in the Monhegan Lobster Conservation Area is affixed to the trap. The commissioner shall charge fees and deposit those fees for Monhegan Lobster Conservation Area trap tags in accordance with section 6431-B.

Sec. B-26. 12 MRSA §6474, sub-§8 is enacted to read:

8.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-27. 12 MRSA §6501, as amended by PL 1999, c. 491, §4, is further amended to read:

§6501. Commercial fishing license

1. License required. It shall be unlawful for any A person to may not engage in the activities authorized by this license under this section without a current commercial fishing license or other license under this Part authorizing the activities.

2. Licensed activity. The holder of a commercial fishing license may fish for or take fish or possess, ship, transport or sell fish which he that the holder has taken. The license shall also authorize authorizes crew members aboard the licensee's boat when it is engaged in commercial fishing to undertake these activities, if the license provides for crew members.

3. Exemptions. The following shall be exempted from this licensing requirement under subsection 1 does not apply to activities described in this subsection.

A. Any A person may fish for, take, possess or transport any species of fish if they have been taken by speargun, harpoon, minnow trap, hand dip net or hook and line and are only for personal use.

B. Any A person may fish for, take, possess or transport halibut if they have been taken by tub trawl and are only for personal use.

C. Any A person may fish for, take, possess, ship, transport, or sell smelts if they have been taken by hook and line through the ice.

4. Eligibility. A commercial fishing license shall only may be issued only to an individual.

5. Fees. Fees for commercial fishing licenses are:

A. Thirty-three dollars for resident operator;

B. Eighty-nine dollars for resident operator and all crew members; and

C. Three hundred thirty-four dollars for nonresident operator and all crew members.

6. Definition. For the purposes of this chapter, "fish" means all marine finfish and squid or other marine animals, except lobsters, crabs, sea urchins, shellfish, scallops, marine worms, elvers, eels or shrimp.

8.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-28. 12 MRSA §6502, as amended by PL 1991, c. 591, Pt. T, §3, is further amended to read:

§6502. Nonresident special tuna permit

A nonresident individual may fish for, take, possess, ship, transport or sell tuna which he that the individual has taken, without a commerical commercial fishing license, if he the individual has a current special tuna permit.

1. Eligibility. A special tuna permit may be issued to a nonresident individual who is a registered participant in a tuna tournament which that is sponsored and operated by a nonprofit association or corporation that has existed for at least one year prior to the tournament. No An individual shall may not be issued more than one permit in any one calendar year.

2. Authorized activity. A special tuna permittee may fish for, take for sale and sell only one tuna in any one calendar year. The permit shall be is valid for the length of the tournament plus one day or for 7 days from the date of issue, whichever is shorter.

3. Fee. The permit fee is $84, which may be credited against the license fee for a commercial fishing license, if it is issued to the permittee within 30 days of the issuing of the permit.

4.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-29. 12 MRSA §6505-A, sub-§1, as enacted by PL 1995, c. 536, Pt. A, §8, is amended to read:

1. License required. It is unlawful for a A person to may not fish for or take elvers or possess, ship, transport or sell elvers that the person has taken unless the person is issued an elver fishing license under this section.

Sec. B-30. 12 MRSA §6505-A, sub-§6, as enacted by PL 1999, c. 7, §5, is amended to read:

6. Minimum age. It is unlawful for a A person who is under 15 years of age to may not fish for or take elvers.

Sec. B-31. 12 MRSA §6505-A, sub-§8 is enacted to read:

8.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-32. 12 MRSA §6505-B, as amended by PL 1999, c. 7, §6, is further amended to read:

§6505-B. Elver gear fees

1. Elver fyke net and Sheldon eel trap fee. It is unlawful for a A person to may not submerge an elver fyke net or a Sheldon eel trap in the waters of the State to fish for or take elvers unless the net or trap owner pays annually the following fees:

A. Fifty dollars per net or trap for the use of a an elver fyke net or Sheldon eel trap, except that the fee under this paragraph does not apply to an elver fyke net or Sheldon eel trap a person utilizes pursuant to section 6505- A, subsection 5.

2. Tags for elver fyke net and Sheldon eel trap. It is unlawful for a A person to may not submerge an elver fyke net or Sheldon eel trap in the coastal waters of the State to fish for or take elvers unless a tag issued by the department is affixed to the shoreside wing of the net or trap and is clearly visible. The department may issue a replacement tag when an owner issued a tag documents that a net or trap has been damaged or lost.

3. Dip net fee. It is unlawful for a A person to may not utilize a dip net to fish for or take elvers without paying a fee of $50 per dip net annually.

This subsection does not apply to a dip net a person utilizes pursuant to section 6505-A, subsection 5.

4. Payment with license. The fees required under subsections 1 and 3 must be paid upon application for an elver fishing license under section 6505-A.

5. Disposition of fees. All fees collected under this section accrue to the Eel and Elver Management Fund established in section 6505-D.

6.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-33. 12 MRSA §6505-C, as enacted by PL 1995, c. 536, Pt. A, §8, is amended to read:

§6505-C. Eel harvesting license

1. License required. It is unlawful for a A person to may not fish for or take eels in the coastal waters of the State or possess, ship, transport or sell eels that the person has taken in the coastal waters of the State without an eel harvesting license.

2. Exemptions. A person may fish for or take for personal use an eel in the coastal waters of the State by speargun, harpoon, trap or hook and line and may possess or transport that eel.

3. Eligibility. An eel harvesting license may only be issued only to an individual.

4. Fees. The fee for an eel harvesting license is $100.

5. Disposition of fees. All fees collected under this section accrue to the Eel and Elver Management Fund established in section 6505-D, except that $33 must accrue to the General Fund for each license sold under this section.

6.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-34. 12 MRSA §6535, as amended by PL 1997, c. 158, §§3 to 5, is further amended to read:

§6535. Sea urchin and scallop diving tender license

1. License required. It is unlawful for a A person to may not operate a boat as a platform for the harvesting of sea

urchins and scallops by hand, to act as a diving tender on a boat engaged as a platform for the harvesting of sea urchins and scallops by hand or to possess, ship, transport or sell scallops or sea urchins unless that person is licensed under this section, section 6701 or section 6748.

2. Licensed activity. A person licensed under this section may tend divers who harvest sea urchins and scallops by hand and operate a boat as a platform for the harvesting of sea urchins and scallops by hand and may possess, ship, transport and sell sea urchins and scallops harvested by licensed harvesters the tender has tended. A sea urchin and scallop diving tender license does not authorize the holder to harvest sea urchins and scallops.

2-A. Thirty-day temporary license. A person may be issued a 30-day temporary sea urchin and scallop diving tender license. A person may be issued a license only one time under this subsection. A license issued under this subsection may not be renewed.

3. Eligibility. A sea urchin and scallop diving tender license and a 30-day temporary sea urchin and scallop diving tender license may be issued only to an individual and are who is a resident licenses.

4. Fee. Fees for licenses issued under this section are as follows:

A. For a sea urchin and scallop diving tender license, $89; and

B. For a 30-day temporary sea urchin and scallop diving tender license, $25.

5. Prima facie evidence. The failure of at least one person on board the boat operated as a platform during periods of diving to harvest scallops or sea urchins to have a license issued under section 6701 or 6748 is prima facie evidence of a violation of this section.

6.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-35. 12 MRSA §6536, as amended by PL 1997, c. 19, §7, is further amended to read:

§6536. Scallop diving tender license

1. License required. It is unlawful for a A person to may not operate a boat as a platform for the harvesting of scallops by hand, to act as a diving tender on a boat engaged as a platform for the harvesting of scallops by hand or to possess, ship, transport or sell scallops unless that person is licensed under this section, section 6535, section 6701 or section 6748.

2. Licensed activity. A person licensed under this section may tend divers who harvest scallops by hand and operate a boat as a platform for the harvesting of scallops by hand and may possess, ship, transport and sell scallops harvested by licensed harvesters the tender has tended. A scallop diving tender license does not authorize the holder to harvest scallops.

3. Eligibility. A scallop diving tender license may be issued only to an individual and who is a resident license.

4. Fee. The fee for a scallop diving tender license is $89.

5. Prima facie evidence. The failure of at least one person on board the boat operated as a platform during periods of diving to harvest scallops to have a license issued under section 6701 is prima facie evidence of a violation of this section.

6.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-36. 12 MRSA §6575-D, sub-§2, as enacted by PL 1995, c. 536, Pt. A, §9, is repealed and the following enacted in its place:

2.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-37. 12 MRSA §6601, sub-§1, as enacted by PL 1977, c. 661, §5, is amended to read:

1. License required. It shall be unlawful for any A person to may not engage in the activities authorized by this license under this section without a current shellfish license or other license issued under this Part authorizing the activities.

Sec. B-38. 12 MRSA §6601, sub-§2, as amended by PL 1989, c. 348, §5, is further amended to read:

2. Licensed activities. The holder of a shellfish license may fish for or take shellfish or possess, ship or transport within the state limits or sell shellstock the holder has taken.

The holder may also shuck, in the holder's home, shellfish the holder has taken and sell those shucked shellfish from that home in the retail trade. This license shall does not authorize the holder to fish for or take shellfish in violation of a municipal ordinance adopted pursuant to section 6671.

Sec. B-39. 12 MRSA §6601, sub-§3, as enacted by PL 1977, c. 661, §5, is amended to read:

3. Eligibility. A shellfish license shall only may be issued only to an individual and shall be who is a resident license.

Sec. B-40. 12 MRSA §6601, sub-§7, as enacted by PL 1993, c. 281, §1, is repealed.

Sec. B-41. 12 MRSA §6601, sub-§8 is enacted to read:

8.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-42. 12 MRSA §6701, as amended by PL 1991, c. 591, Pt. T, §5, is further amended to read:

§6701. Scallop license

1. License required. It is unlawful for any A person to may not engage in the activities authorized by this license under this section without a current hand fishing scallop license or other license issued under this Part authorizing the activities.

2. Licensed activity. The holder of a hand fishing scallop license may take scallops by hand or possess, ship, transport or sell scallops he the holder has taken.

3. Eligibility. A scallop license shall only may be issued only to an individual and shall be who is a resident license.

4. Exception. In any one day, any a person licensed pursuant to section 6703 may take or possess not more than 2 bushels of shell scallops or 4 quarts of shucked scallops for personal use without a scallop license under this section.

5. Fee. The fee for a scallop license is $89.

6.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-43. 12 MRSA §6702, as amended by PL 1997, c. 572, §2, is further amended to read:

§6702. Scallop boat license

1. License required. It is unlawful for any A person to may not use a boat for dragging for scallops unless that boat carries a scallop boat license issued by the commissioner.

2. Licensed activity. A boat licensed under this section may be used for dragging for scallops and to possess, ship, sell or transport scallops taken under the license. The license also authorizes the captain and crew members aboard the licensed boat when engaged in dragging for scallops to undertake these activities.

3. Eligibility. A scallop boat license shall only may be issued only to an individual and shall be who is a resident license.

4. Exception. In any one day, any a person licensed pursuant to section 6703 may take or possess not more than 2 bushels of shell scallops or 4 quarts of shucked scallops for personal use without a scallop license under this section.

5. Fee. The fee for a scallop boat license is $89.

6.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-44. 12 MRSA §6731, as amended by PL 1991, c. 591, Pt. T, §9, is further amended to read:

§6731. Mahogany quahogs

1. License required. Except as provided in subsection 3, it is unlawful for any a person to may not engage in the activities authorized under this section without a current mahogany quahog license.

2. Licensed activities. The holder of a mahogany quahog license may:

A. Fish for or take mahogany quahogs in any harvesting area indicated on the license;

B. Possess, ship or transport mahogany quahogs within the State; or

C. Sell mahogany quahogs that the holder has taken.

The license authorizes crew members aboard the licensee's boat to undertake these activities when engaged in dragging for mahogany quahogs if the licensee is present.

3. Personal use exception. Any A person may take or possess no more than 3 bushels of mahogany quahogs for personal use in one day without a license.

4. Fee. The fee for a mahogany quahog license is $89. Fees collected pursuant to this section must be deposited in the General Fund.

5. Conditions. Each licensee may participate in the monitoring program established in section 6731-A within the harvest area indicated on the license. The holder of a mahogany quahog license shall comply with all other conditions of licensing established by the commissioner.

6.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-45. 12 MRSA §6732, as enacted by PL 1981, c. 297, §4, is amended to read:

§6732. Other quahogs

1. License required. It is unlawful for any A person to may not engage in the activities authorized under this section without a current shellfish license or other license issued under this Part authorizing the activities.

2. Licensed activities. The holder of a shellfish license may fish for or take quahogs, other than mahogany quahogs, or possess, ship or transport within the state limits or sell quahogs he the holder has taken.

3.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-46. 12 MRSA §6745, as amended by PL 1991, c. 591, Pt. T, §10, is further amended to read:

§6745. Hand-raking mussel license

1. License required. It is unlawful for any A person to may not engage in the activities authorized under this section without a current mussel license or other license issued under this Part authorizing the activities.

2. Licensed activity. The holder of a hand-raking mussel license may take mussels by hand raking or possess, ship, transport or sell mussels he the holder has taken.

3. Eligibility. A hand-raking mussel license shall only may be issued only to an individual and shall be who is a resident license.

4. Exception. In any one day, any a person may take or possess not more than 2 bushels of shell mussels for personal use without a mussel license.

5. Fee. The fee for a hand-raking mussel license is $63.

6.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-47. 12 MRSA §6746, as amended by PL 1991, c. 591, Pt. T, §11, is further amended to read:

§6746. Mussel boat license

1. License required. It is unlawful for any A person to may not use a boat for dragging for mussels unless that boat carries a current mussel boat license issued by the commissioner.

2. Licensed activity. A boat license under this section may be used for dragging for mussels. The license shall also authorize authorizes the captain and crew members aboard the licensed boat when engaged in dragging for mussels to undertake these activities.

3. Eligibility. A mussel boat license shall only may be issued only to an individual who is a resident.

4. Exception. In any one day, any a person may take or possess not more than 2 bushels of shell mussels for personal use without a mussel license.

5. Fee. The fee for a mussel boat license is $130.

6.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-48. 12 MRSA §6748, as enacted by PL 1993, c. 416, §2 and affected by §4, is amended to read:

§6748. Handfishing sea urchin license

1. License required. It is unlawful for a A person to may not engage in the activities authorized by the license under this section without a current handfishing sea urchin license or other license issued under this Part authorizing the activities.

2. Licensed activity. The holder of a handfishing sea urchin license may take sea urchins by hand or possess, ship, transport or sell sea urchins taken by that licensee.

3. Eligibility. A handfishing sea urchin license may be issued only to an individual and who is a resident license.

4. Fee. The fee for a handfishing sea urchin license is $89.

5.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-49. 12 MRSA §6748-A, as amended by PL 1993, c. 740, §1, is further amended to read:

§6748-A. Sea urchin draggers license

1. License required. It is unlawful for a A person to may not use a boat for dragging for sea urchins unless that boat carries a sea urchin dragging license issued by the commissioner.

2. Licensed activity. A boat licensed under this section may be used for dragging for sea urchins. The license also authorizes the captain and crew members aboard the licensed boat to drag for and possess, ship, transport and sell sea urchins.

3. Eligibility. A sea urchin dragging license may be issued only to an individual and who is a resident license.

4. Fee. The fee for a sea urchin dragging license is $89.

5.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-50. 12 MRSA §6748-D, as enacted by PL 1995, c. 392, §4, is amended to read:

§6748-D. Sea urchin hand-raking and trapping license

1. License required. It is unlawful for a A person to may not engage in the activities authorized under this section without a current sea urchin hand-raking and trapping license.

2. Licensed activity. The holder of a sea urchin hand-raking and trapping license may take sea urchins by hand-raking or by trap and may possess, ship, transport or sell sea urchins taken by that licensee.

3. Eligibility. A sea urchin hand-raking and trapping license may be issued only to an individual and who is a resident license.

4. Fee. The fee for a sea urchin hand-raking and trapping license is $89.

5.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-51. 12 MRSA §6751, as amended by PL 1991, c. 591, Pt. T, §12, is further amended to read:

§6751. Marine worm digger's license

1. License required. It shall be unlawful for any A person to may not engage in the activities authorized by this license under this section without a current marine worm digger's license or other license issued under this Part authorizing the activities.

2. Licensed activity. The holder of a marine worm digger's license may fish for or take marine worms or possess, ship, transport or sell within the State worms he the licensee has taken.

3. Eligibility. A marine worm digger's license shall only may be issued only to an individual and shall be who is a resident license.

4. Fee. The fee for a marine worm digger's license is $43.

5.__Violation.__A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. B-52. 12 MRSA §6803, as corrected by RR 1999, c. 1, §17, is amended to read:

§6803. Seaweed permit

1. Permit required. It is unlawful for any A person to may not harvest, possess, ship, transport or sell seaweed without a current seaweed permit, except that an employee or immediate relation of a seaweed permit holder may harvest, possess or transport seaweed for commercial purposes with a supplemental seaweed permit.