2.__Penalty.__The following penalties apply to violations of subsection 1.

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. B-287. 12 MRSA §12663, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.

Sec. B-288. 12 MRSA §12663-A is enacted to read:

§12663-A. Unlawful sale of lead sinkers

1.__Sale of lead sinker.__A person may not sell a lead sinker for fishing that contains any lead and weighs 1/2 ounce or less.

A.__A person who violates this subsection 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 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.

2.__Offer lead sinker for sale.__A person may not offer for sale a lead sinker for fishing that contains any lead and weighs 1/2 ounce or less.

A.__A person who violates this subsection 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 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.