6.__Penalties.__The following penalties apply to violations of subsection 5.

A.__A person who violates subsection 5 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 5 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 subsection 5 is a separate violation.

Sec. B-255. 12 MRSA §12508, sub-§4, 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 D, §7, is repealed and the following enacted in its place:

4.__Requirements. Except as otherwise authorized under this Part, a person shall:

A.__Kill all fish taken from a private fee pond operated pursuant to this section prior to their transportation from the site; and

B. Tag all fish transported from the site as provided by rules adopted by the commissioner.__Rules providing for tagging adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Each day a person violates this subsection that person commits a Class E crime.

Sec. B-256. 12 MRSA §12509, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not introduce, import or transport any live fish or gametes into the State or receive or have in that person's possession fish or gametes so introduced, imported or transported without a valid permit issued under this section.