C.__Possess, ship, transport or sell shellfish washed, held or kept in any area closed by regulation; or

D.__Possess, ship, transport or sell shellfish washed, held or kept in any area closed by regulation when the person has one or more convictions for violating paragraph C.

Sec. F-17. 12 MRSA §6621, sub-§4, as amended by PL 1997, c. 628, §1, is further amended to read:

4. Penalty. A person who violates this article commits a Class D crime. The following minimum penalties apply:

A. For the first offense, a fine of not less than $300; and

B. For subsequent offenses within 10 years from the date of conviction for the first violation, a fine of not less than $500.

The court may not suspend a fine imposed under this subsection. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.

Sec. F-18. 12 MRSA §6681, sub-§§3 and 4, as enacted by PL 1983, c. 838, §6, are amended to read:

3. Minimum size. It is unlawful to A person may not possess soft-shelled clam shell stock whose shells are less than 2 inches in the largest diameter.:

A.__If the soft-shelled clams comprise more than 10% but less than 20% of a bulk pile as determined under subsection 4;

B.__If the soft-shelled clams comprise 20% or more of a bulk pile as determined under subsection 4; or

C.__If the soft-shelled clams comprise 20% or more of a bulk pile as determined under subsection 4 and the person has one or more prior convictions for violating paragraph B.__Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.

4. Tolerance. Any person may possess soft-shelled clams that are less than 2 inches if, beginning on the effective date