Interference with municipal shellfish aquaculture permit

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§6674. Interference with municipal shellfish aquaculture permit

1.  Prohibition.  A person may not knowingly interfere with the ability of a person who holds a municipal shellfish aquaculture permit to carry out the privileges granted to the permittee under that permit. Except for the permittee or the permittee's designee, a person may not take, disturb or molest any shellfish in the intertidal zone in the area that is included in a municipal shellfish aquaculture permit.  

[PL 2015, c. 225, §1 (NEW).]

2.  Penalty.  A person who violates this section commits a civil violation for which a fine of not less than $500 nor more than $1,000 may be adjudged.  

[PL 2015, c. 225, §1 (NEW).]

3.  Restitution.  In addition to the penalty under subsection 2, if a person violates this section by interfering with the ability of a person who holds a municipal shellfish aquaculture permit to carry out the privileges granted to that permittee under that permit, the court shall:  

A. Order that person to pay to the holder of the municipal shellfish aquaculture permit an amount equal to twice the replacement value of any damaged equipment on the permit site; and   [PL 2015, c. 225, §1 (NEW).]

B. Direct that person to provide proof of payment of restitution under paragraph A to the commissioner.   [PL 2015, c. 225, §1 (NEW).]

[PL 2015, c. 225, §1 (NEW).]

SECTION HISTORY

PL 1977, c. 661, §5 (NEW). PL 2003, c. 660, §A22 (AMD). PL 2009, c. 229, §18 (AMD). PL 2015, c. 225, §1 (RPR).


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