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An Act To Create a Penalty for Harvesting Scallops in a Conservation Area
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6404-G  is enacted to read:
§ 6404-G. Suspension based on 2 or more convictions of scallop fishing in a conservation area
The commissioner shall suspend the license authorizing the activity in which the person was engaged at the time of the violation for any person adjudicated of a 2nd or subsequent violation of section 6626. The suspension must be for one year from the date of adjudication.
Sec. 2.  12 MRSA §6626  is enacted to read:
§ 6626. Scallop conservation areas
Notwithstanding section 6174, subsection 3, a person who violates a rule adopted pursuant to section 6171 regarding a scallop conservation area commits a civil violation for which the penalties under this section apply.
 
1.  First offense.   For the first offense, a fine of $1,000 is imposed and all scallops on board may be seized.
 
2.  Second or subsequent offense.   For a 2nd or subsequent offense, a mandatory minimum fine of $1,000 is imposed, all scallops on board may be seized and the commissioner shall suspend the license authorizing the activity in which the person was engaged at the time of violation. The court may not suspend a fine imposed under this paragraph. The license suspension must be for one year from the date of adjudication.
 
Effective September 12, 2009