Sec. 1. 12 MRSA §6671, sub-§10, as amended by PL 1995, c. 75, §1, is further amended to read:

10. Penalty. Notwithstanding Title 17-A, section 4-B, a person who violates a provision of a municipal ordinance adopted under this section commits a Class D crime punishable by the following fines:

A. For harvesting shellfish from a closed area or digging shellfish without a license:

(1) For the first offense, a fine of not less than $300 and not more than $1,500; and

(2) For subsequent offenses, a fine of not less than $500 and not more than $1,500.

The court may not suspend a fine imposed under this paragraph or impose a penalty other than the monetary payment of a fine as provided in this paragraph; or

B. For violating any other provision of a municipal ordinance adopted under this section, a fine of not less than $100 and not more than $1,000.

A fine for a violation of article 5 must be as provided by section 6681.

Sec. 2. 12 MRSA §6671, sub-§10-A is enacted to read:

10-A.__Exception; penalty.__A person who digs for shellfish without a municipal shellfish license commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

SUMMARY

This bill changes digging shellfish without a municipal shellfish license from a criminal to a civil violation and imposes a fine of not less than $100 nor more than $500 for the offense.