An Act To Preserve the Integrity of Maine's Shellfish Industry by Increasing the Penalty for Interfering with Permitted Harvest
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6674, as amended by PL 2009, c. 229, §18, is repealed and the following enacted in its place:
§ 6674. Interference with municipal shellfish aquaculture permit
1. Prohibition. A person may not knowingly interfere with the ability of a person who holds a municipal shellfish aquaculture permit to carry out the privileges granted to the permittee under that permit. Except for the permittee or the permittee's designee, a person may not take, disturb or molest any shellfish in the intertidal zone in the area that is included in a municipal shellfish aquaculture permit.
2. Penalty. A person who violates this section commits a civil violation for which a fine of not less than $500 nor more than $1,000 may be adjudged.
3. Restitution. In addition to the penalty under subsection 2, if a person violates this section by interfering with the ability of a person who holds a municipal shellfish aquaculture permit to carry out the privileges granted to that permittee under that permit, the court shall:
A. Order that person to pay to the holder of the municipal shellfish aquaculture permit an amount equal to twice the replacement value of any damaged equipment on the permit site; and
B. Direct that person to provide proof of payment of restitution under paragraph A to the commissioner.
Effective 90 days following adjournment of the 127th Legislature, First Regular Session, unless otherwise indicated.