Sec. B-305. 12 MRSA §12761, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

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.

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.

Sec. B-306. 12 MRSA §12762, 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 D, §7, is repealed and the following enacted in its place:

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

1. Prohibition.__A person may not improperly operate a fishway required under this subchapter in a manner that results in a fish kill.

2. Penalty.__The following penalties apply to violations of this section.

A.__A person who violates this section commits a civil violation for which a fine equivalent to the value of the fish killed but not more than $10,000 for each day of that violation may be adjudged.

B.__A person who violates this section 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.

3. Rules; definition.__The department and the Department of Marine Resources shall jointly make rules defining "fish kill."