| | Sec. B-307. 12 MRSA §12763, as enacted by PL 2003, c. 414, Pt. A, §2 | and affected by Pt. D, §7, is amended to read: |
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| §12763. Use or possession of gill net; Penobscot |
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| Nation research; department personnel |
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| | 1. Prohibition. Except as otherwise allowed under this | section, a person, including any agent of the State, may not use | or possess a gill net. |
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| A person who violates this subsection commits a Class E crime. | The court shall also impose a fine of $20 for each fish | unlawfully possessed, none of which may be suspended. |
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| | 2. Penobscot Nation research. Under the direction of its | director, the staff of the Department of Natural Resources of the | Penobscot Nation may use gill nets for the purpose of scientific | fisheries research and management on any waters within, flowing | through or adjacent to Penobscot Indian territory as defined in | Title 30, section 6205, subsection 2. |
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| A. The authority granted under this subsection is subject | to the following constraints. |
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| (1) Both ends of the gill net must be marked with | buoys that are clearly visible from a distance of 300 | feet and that identify the Department of Natural | Resources of the Penobscot Nation as the owner of the | net. |
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| (2) The results of each netting must be forwarded on a | weekly basis to the office of the commissioner where | the results must be available for public inspection. |
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| A person may not fail to comply with any provision of this | paragraph. |
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| A person who violates this paragraph commits a Class E | crime. |
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| B.__The following penalties apply to violations of paragraph | A. |
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| (1)__A person who violates paragraph A commits a civil | violation for which a fine of not less than $100 nor | more than $500 may be adjudged. |
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| (2)__A person who violates paragraph A 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. |
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