D. Damage Otherwise damage or destroy a fishway.

Sec. 302. 12 MRSA §12756, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

2.__Penalty.__The following penalties apply to violations of this section.

A.__A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

B.__A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Sec. 303. 12 MRSA §12758, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.

Sec. 304. 12 MRSA §12759, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

2.__Penalty.__The following penalties apply to violations of this section.

A.__A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

B.__A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Sec. 305. 12 MRSA §12760, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

6. Decision. In the event that the commissioner decides that a fishway should be constructed, repaired, altered or maintained pursuant to this section, the commissioner shall issue final orders with specific plans and descriptions of the fishway construction, alteration, repair or maintenance requirements, the conditions of the use of the fishway and the time and manner