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| 1. Permitted activities. Lobster traps, warps, buoys and cars | | may be raised, lifted, transferred, possessed or otherwise molested | | by the following: |
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| | | A. A marine patrol officer; |
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| | C. Any person having written permission from the licensed | owner commissioner; |
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| | | D. Any person authorized by rule pursuant to subsection 2. |
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| | | 2. Adoption of rules required. The commissioner shall | promulgate adopt rules, no later than January 1, 1990, | | authorizing the removal of traps, warps, buoys or cars that are | | washed up above the mean low tide mark or are otherwise abandoned | | or lost. |
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| | | 3. Prohibition. Traps, warps, buoys or cars may not be used | | for fishing by any person other than the licensed owner unless | with written permission from the licensed owner commissioner. |
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| | | 4. Additional penalty. If the holder of a lobster and crab | | fishing license violates this section by cutting a lobster trap | | line, the court shall: |
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| | | A. Order that person to pay to the owner of the trap line | | that was cut an amount equal to twice the replacement value | | of all traps lost as a result of that cutting; and |
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| | | B. Direct that person to provide proof of payment of that | restitution to the Commissioner of Marine Resources | | commissioner as required by section 6402, subsection 1. |
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| | | A penalty imposed under this subsection is in addition to any | | penalty imposed under section 6204. |
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| | | Sec. 6. 12 MRSA §6451, sub-§1, as amended by PL 2003, c. 20, Pt. WW, | | §5, is further amended to read: |
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| | | 1. Allocation of license fees. Ten dollars of each $113.75 | | fee, $10 of each $114 fee, $20 of each $228.50 fee, $30 of each | | $341.25 fee and $5 of each $56 fee for each lobster and crab | | fishing license must be allocated to the Lobster Fund, which | | must be used for the purposes of lobster biology research, of | | propagation of lobsters by liberating seed lobsters and female |
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