LD 1567
pg. 36
Page 35 of 179 PUBLIC Law Chapter 452 Page 37 of 179
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LR 526
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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;

 
C.__Possess, ship, transport or sell shellfish washed, held
or kept in any area closed by regulation; or

 
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.

 
Sec. F-17. 12 MRSA §6621, sub-§4, as amended by PL 1997, c. 628, §1,
is further amended to read:

 
4. Penalty. A person who violates this article commits a
Class D crime. The following minimum penalties apply:

 
A. For the first offense, a fine of not less than $300; and

 
B. For subsequent offenses within 10 years from the date of
conviction for the first violation, a fine of not less than
$500.

 
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.

 
Sec. F-18. 12 MRSA §6681, sub-§§3 and 4, as enacted by PL 1983, c. 838,
§6, are amended to read:

 
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.:

 
A.__If the soft-shelled clams comprise more than 10% but
less than 20% of a bulk pile as determined under subsection
4;

 
B.__If the soft-shelled clams comprise 20% or more of a bulk
pile as determined under subsection 4; or

 
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.

 
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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