2. Failure to maintain list or make list available. A marina or boat yard boatyard owner shall maintain the list required by Title 36, section 1504, subsection 9, and make that list available as required by that section.

A. A person who fails to maintain a list or make a list available in accordance with violates this subsection commits a civil violation for which a forfeiture fine of not less than $25 nor more than $250 may be adjudged.

B.__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.

Sec. 380. 12 MRSA §13067, 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 D, §7, is repealed and the following enacted in its place: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 subsection 1 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 subsection 1 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. 381. 12 MRSA §13068, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.

Sec. 382. 12 MRSA §13068-A is enacted to read:

§13068-A.__Operating watercraft; prohibitions

1.__Launching contaminated watercraft.__A person may not place a watercraft that is contaminated with an invasive aquatic plant upon the inland waters of the State.

A.__A person who violates this subsection commits a civil violation for which a fine of not less than $500 and not more than $5,000 per violation may be adjudged.__A fine imposed under this subsection may not be suspended by the court.