(4) The number and mortality of each species of fish taken by gill nets.

4. Permits allowing use of gill nets by other state agencies. The department may authorize the use of gill nets by other state agencies for purposes of scientific research or public safety projects. Any authorization by the department for another state agency to utilize gill nets must be given through written permit.

A. The authority granted to the department under this subsection is subject to the following constraints.

(1) Any authorization by the department for another state agency to utilize gill nets must be given through written permit.

(2) 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 state agency responsible for setting the net.

(3) The results of each netting must be forwarded on a weekly basis to the department, and the records of the results must be available for public inspection at the department.

B. The following penalties apply to violations of paragraph A.

(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.

(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.

Sec. B-308. 12 MRSA §12802, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

1. Investigations. The commissioner may conduct investigations in order to develop information relating to population size, distribution, habitat needs, limiting factors and other biological and ecological data relating to the status