Sec. 3. 12 MRSA §6671, sub-§10-A, as enacted by PL 2003, c. 284, §2, is amended to read:

10-A. Civil penalty for commercial harvesters. A person commercial harvester who digs for shellfish without a municipal shellfish license or harvests shellfish in violation of a license restriction commits a civil violation for which a fine of not less than $100 nor $300 and not more than $500 $1,500 may be adjudged. The court may not suspend a fine imposed under this subsection or impose a fine other than the monetary payment of a fine as provided in this subsection.

Sec. 4. 12 MRSA §6671, sub-§10-B is enacted to read:

10-B.__Civil penalty for recreational harvesters.__A recreational harvester who digs for shellfish without a municipal shellfish license or harvests shellfish in violation of a license restriction commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged.__The court may not suspend a fine imposed under this subsection or impose a fine other than the monetary payment of a fine as provided in this subsection.

SUMMARY

This bill provides certified municipal shellfish conservation wardens with the authority to enforce the prohibitions on taking shellfish from closed areas. The bill clarifies that the penalty for harvesting shellfish from a closed area applies to areas closed for conservation purposes and sets an upper limit of $1,500 for the fine for subsequent offenses by commercial harvesters. The bill sets a separate fine for recreational harvesters of not less than $100 for the first offense and not less than $100 and not more than $500 for subsequent offenses. The bill states that a court may not suspend a fine or impose a fine other than the fine specified for the violation. For violations of any other provision of a municipal ordinance, an upper limit of $1,500 is set. For persons who dig shellfish without a municipal shellfish license or harvest shellfish in violation of a license restriction, the fine is raised to not less than $300 and not more than $1,500 for commercial harvesters and set at not less than $100 and not more than $500 for recreational harvesters.