Consent to inspection; violation

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§6306. Consent to inspection; violation

1.  Consent to inspection.  Any person who signs an application for a license or aquaculture lease or receives a license or aquaculture lease under this Part has a duty to submit to inspection and search for violations related to the licensed activities by a marine patrol officer under the following conditions.  

A. Watercraft or vehicles and the equipment located on watercraft or vehicles used primarily in a trade or business requiring a license or aquaculture lease under this Part may be searched or inspected at any time.   [PL 2009, c. 229, §14 (AMD).]

B. Any other location where activities subject to this Part are conducted may be inspected or searched during the hours when those activities occur.   [PL 1987, c. 713, §2 (NEW).]

C. A location specified in paragraph B may be inspected at any time if a marine patrol officer has a reasonable suspicion of a violation of this Part.   [PL 1987, c. 713, §2 (NEW).]

D. No residential dwelling may be searched without a search warrant unless otherwise allowed by law.   [PL 1987, c. 713, §2 (NEW).]

[PL 2009, c. 229, §14 (AMD).]

2.  Seizure of evidence.  Any person who signs an application for a license or aquaculture lease or receives a license or aquaculture lease under this Part has a duty to permit seizure of evidence of a violation of marine resources laws found during an inspection or search.  

[PL 2009, c. 229, §14 (AMD).]

3.  Refusal.  Refusal to permit inspection or seizure is a basis for suspension of any or all licenses under this chapter or revocation of aquaculture leases.  

[PL 2009, c. 229, §14 (AMD).]

SECTION HISTORY

PL 1977, c. 661, §5 (NEW). PL 1987, c. 713, §2 (AMD). PL 1989, c. 348, §4 (AMD). PL 2009, c. 229, §14 (AMD).


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