3.__Unlawful building of dam.__A person may not build any dam or other obstruction in any of the rivers, streams or brooks of this State without first filing written notice with the commissioner pursuant to subsection 1.__A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12762. Fish kills; violations; fines; rules; definition

If a fish kill results from the improper operation of a fishway required pursuant to this subchapter, the department may assess an administrative fine equivalent to the value of the fish killed but not more than $10,000 for each day of that violation.

The department and the Department of Marine Resources shall jointly make rules defining "fish kill."

§12763.__Use or possession of gill net; Penobscot Nation research

1.__Prohibition.__Except as otherwise allowed under this section, a person, including any agent of the State, may not use or possess a gill net.

A person who violates this subsection commits a Class E crime.__ The court shall also impose a fine of $20 for each fish unlawfully possessed, none of which may be suspended.

2. Penobscot Nation research.__Under the direction of its director, the staff of the Department of Natural Resources of the Penobscot Nation may use gill nets for the purpose of scientific fisheries research and management on any waters within, flowing through or adjacent to Penobscot Indian territory as defined in Title 30, section 6205, subsection 2.

A.__The authority granted under this subsection is subject to the following constraints.

(1)__Both ends of the gill net must be marked with buoys that are clearly visible from a distance of 300 feet and that identify the Department of Natural Resources of the Penobscot Nation as the owner of the net.