B.__The following penalties apply to violations of this subsection.

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

(2)__A person who violates this subsection 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.

Each day a person violates this subsection is a separate offense.

Sec. 353. 12 MRSA §12955, sub-§5, 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 D, §7, is repealed and the following enacted in its place:

5.__Record inspection.__Records retained under subsection 4-A must be open for inspection by the commissioner or the commissioner's agent.

Sec. 354. 12 MRSA §12955, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.

Sec. 355. 12 MRSA §13001, sub-§§19, 20 and 22, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read:

19. Operation. "Operation," when it refers to watercraft of any type or description, means the act of operating as defined in subsection 18.

20. Operator. "Operator" means the person who is in control or in charge of a watercraft, snowmobile or ATV while it is in use.

22. Passenger. "Passenger" includes means every person carried on board a watercraft other than:

A. The owner or the owner's representative;

B. The operator;