Maine Revised Statutes

§6728-C. Dive-only areas

1. Dragging in dive-only areas prohibited.  A person may not take scallops by dragging in a dive-only area, as established in subsection 2.
[ 2013, c. 230, §1 (NEW) .]
2. Dive-only areas established.  At the written request of a municipality, the commissioner may establish in harbors where there are 5 or more moorings within that municipality dive-only areas where a person may fish for or take scallops by hand.
[ 2013, c. 230, §1 (NEW) .]
3. Violation.  A person who violates subsection 1 commits a civil violation for which the following penalties apply:
A. For a first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized; [2013, c. 230, §1 (NEW).]
B. For a 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and [2013, c. 230, §1 (NEW).]
C. For a 3rd or subsequent offense, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728-B. [2013, c. 230, §1 (NEW).]
[ 2013, c. 230, §1 (NEW) .]
4. Rules.  The commissioner may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[ 2013, c. 230, §1 (NEW) .]
SECTION HISTORY
2013, c. 230, §1 (NEW).