SP0324
LD 946
PUBLIC Law, Chapter 230

on - Session - 126th Maine Legislature
 
 
Bill Tracking, Additional Documents Chamber Status

An Act To Allow Municipalities To Petition the Department of Marine Resources To Establish Dive-only Areas for Scallops in Mooring Fields

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §6728-C  is enacted to read:

§ 6728-C Dive-only areas

1 Dragging in dive-only areas prohibited.   A person may not take scallops by dragging in a dive-only area, as established in subsection 2.
2 Dive-only areas established.   At the written request of a municipality, the commissioner may establish in harbors where there are 5 or more moorings within that municipality dive-only areas where a person may fish for or take scallops by hand.
3 Violation.   A person who violates subsection 1 commits a civil violation for which the following penalties apply:
A For a first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;
B For a 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
C For a 3rd or subsequent offense, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728-B.
4 Rules.   The commissioner may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Effective 90 days following adjournment of the 126th Legislature, First Regular Session, unless otherwise indicated.


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