Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6728, sub-§2, as enacted by PL 2001, c. 192, §1, is repealed.
Sec. 2. 12 MRSA §6729 is enacted to read:
1. Minimum shell size. Except as provided in subsection 4, this subsection governs the shell size limits of scallops.
A. From December 1, 2003 to November 30, 2004, a person may not possess, ship, transport, buy or sell scallops that are less than 3 3/4 inches in the longest diameter.
B. On December 1, 2004 and thereafter, a person may not possess, ship, transport, buy or sell scallops that are less than 4 inches in the longest diameter.
2. Prima facie evidence. It is prima facie evidence of possession of illegal scallops if a vessel contains scallops less than the minimum shell size set by this section or the minimum shell size set by rules adopted pursuant to this section while a scallop boat license holder or crew member is shucking scallops.
3. Release of undersize scallops. Those scallops that are less than the minimum shell size established by this section or by rules adopted pursuant to this section must be immediately liberated into the waters from which they were taken.
4. Rules. After December 1, 2004, the commissioner may adopt rules to increase the minimum shell size set by this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
5. Violation. A person who violates this section commits a civil violation. The following penalties apply.
A. For the first offense, a fine of $250 is imposed and all scallops on board may be seized.
B. For the 2nd and each subsequent offense, a fine of $250 is imposed, all scallops on board may be seized and the scallop boat license may be suspended for one year.
Effective September 13, 2003, unless otherwise indicated.
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