| | 2. Culling required. In the coastal waters northerly and | inshore of the international bridge that connects Lubec to | Campobello Island, New Brunswick, Canada, it is unlawful to | possess, ship, transport, buy or sell scallops that are less | than 3 1/2 inches in the longest diameter. Those scallops | that are less than 3 1/2 inches must be immediately liberated. | It is prima facie evidence of possession of illegal scallops | if a vessel contains scallops less than 3 1/2 inches while a | scallop boat draggers license holder or crew member is | shucking scallops. |
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| | Sec. 5. 12 MRSA §6728, sub-§3, ¶B, as enacted by PL 2001, c. 192, §1, | is amended to read: |
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| B. For each subsequent offense, a forfeiture of $250 is | imposed, all scallops on board may be seized and the | scallop boat draggers license may be suspended for one | year. |
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| | Sec. 6. 12 MRSA c. 623, sub-c. 2, art. 3 is enacted to read: |
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| §6729.__License surcharges |
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| | 1.__License surcharges.__The following surcharges are | assessed on licenses issued by the department: |
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| A.__For a hand fishing scallop license, $100; |
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| B.__For a scallop draggers license, $100; and |
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| C.__For a scallop diving tender license, $50. |
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| | 2.__Deposit.__The commissioner shall deposit surcharges | assessed in this section in the Scallop Research Fund under | section 6729-A. |
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| §6729-A.__Scallop Research Fund |
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| | The Scallop Research Fund, referred to in this section as | "the fund," is established in the department.__Balances in the | fund may not lapse and must be carried forward to the next | fiscal year. |
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| | 1.__Uses of fund.__The commissioner shall use the fund for | research directly related to scallop fishery management | information needs and for reporting to licensed scallop | harvesters on the results of research and the use of fund | revenues.__The commissioner may authorize the expenditure of | money in the fund for research and development programs that |
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