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B.__Wash, hold or keep shellfish in any area closed by | regulation when the person has one or more convictions for | violating paragraph A; |
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| C.__Possess, ship, transport or sell shellfish washed, held | or kept in any area closed by regulation; or |
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| D.__Possess, ship, transport or sell shellfish washed, held | or kept in any area closed by regulation when the person has | one or more convictions for violating paragraph C. |
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| | Sec. F-17. 12 MRSA §6621, sub-§4, as amended by PL 1997, c. 628, §1, | is further amended to read: |
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| | 4. Penalty. A person who violates this article commits a | Class D crime. The following minimum penalties apply: |
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| A. For the first offense, a fine of not less than $300; and |
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| B. For subsequent offenses within 10 years from the date of | conviction for the first violation, a fine of not less than | $500. |
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| The court may not suspend a fine imposed under this subsection. | Title 17-A, section 9-A governs the use of prior convictions when | determining a sentence. |
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| | Sec. F-18. 12 MRSA §6681, sub-§§3 and 4, as enacted by PL 1983, c. 838, | §6, are amended to read: |
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| | 3. Minimum size. It is unlawful to A person may not possess | soft-shelled clam shell stock whose shells are less than 2 inches | in the largest diameter.: |
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| A.__If the soft-shelled clams comprise more than 10% but | less than 20% of a bulk pile as determined under subsection | 4; |
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| B.__If the soft-shelled clams comprise 20% or more of a bulk | pile as determined under subsection 4; or |
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| C.__If the soft-shelled clams comprise 20% or more of a bulk | pile as determined under subsection 4 and the person has one | or more prior convictions for violating paragraph B.__Title | 17-A, section 9-A governs the use of prior convictions when | determining a sentence. |
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| | 4. Tolerance. Any person may possess soft-shelled clams that | are less than 2 inches if, beginning on the effective date |
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