A. For harvesting shellfish from a an area closed area for conservation purposes:

(1) For the first offense by a commercial license holder, a fine of not less than $300; and

(2) For subsequent offenses by a commercial license holder, a fine of not less than $500. and not more than $1,500;

(3)__For the first offense by a recreational license holder, a fine of not less than $100; and

(4)__For subsequent offenses by a recreational license holder, a fine of not less than $100 and not more than $500; or

The court may not suspend a fine imposed under this paragraph; or

B. For violating any other provision of a municipal ordinance adopted under this section, a fine of not less than $100 and not more than $1,500.

The court may not suspend a fine imposed under this subsection or impose a penalty other than the monetary payment of a fine as provided in this subsection.__For purposes of this subsection, "recreational license" means a license that authorizes a person to take or possess shellfish only for personal use. A fine for a violation of article 5 must be as provided by section 6681.

Sec. 3. 12 MRSA §6671, sub-§10-A, as enacted by PL 2003, c. 284, §2, is amended to read:

10-A. Civil penalty. A person who digs for harvests shellfish without a municipal shellfish license or in violation of a license restriction commits a civil violation for which a fine of not less than $100 nor more than $500 the following fines may be adjudged.:

A. For harvesting shellfish without a municipal shellfish license:

(1) For commercial purposes, a fine of not less than