12 §6702. Scallop dragging license
Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 2: LICENSING
Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES
Subchapter 2: SCALLOPS
Article 1: LICENSES
§6702. Scallop dragging license
1. License required. A person may not use a boat for dragging for scallops unless that person holds a scallop dragging license issued by the commissioner and that boat is identified on the license.
[ 2007, c. 607, Pt. A, §2 (AMD) .]
2. Licensed activity. A person licensed under this section may use the boat identified on the license to drag for scallops and possess, ship, sell or transport shucked scallops taken under the license. The license also authorizes the captain and crew members aboard the boat identified on the license when engaged in dragging for scallops to undertake these activities, except that the captain and crew members may not fish for or take scallops if the license holder is not aboard that boat except as provided in subsection 2-A.
[ 2007, c. 607, Pt. A, §2 (AMD) .]
2-A. Exemptions. Notwithstanding subsection 2, the commissioner may authorize a person to fish for or take scallops from a boat when the person holding a scallop dragging license that contains the name of that boat is not on board if:
A. The holder of the scallop dragging license documents to the commissioner that an illness or disability temporarily prevents the license holder from fishing for or taking scallops from that boat and requests in writing to the commissioner that the commissioner authorize another person to use that boat to fish for or take scallops; or [2007, c. 607, Pt. A, §2 (NEW).]
B. The boat named on the license of a license holder is temporarily inoperable because of an accident or a mechanical failure and the license holder requests in writing to the commissioner that the commissioner authorize the license holder to use another boat to fish for or take scallops. [2007, c. 607, Pt. A, §2 (NEW).]
[ 2007, c. 607, Pt. A, §2 (NEW) .]
3. Eligibility. A scallop dragging license may be issued only to an individual who is a resident.
[ 2007, c. 607, Pt. A, §2 (AMD) .]
4. Personal use exception. In any one day, a person licensed pursuant to section 6703 may take or possess not more than one bushel of shell scallops or 2 quarts of shucked scallops for personal use without a scallop dragging license under this section.
[ 2007, c. 607, Pt. A, §2 (AMD) .]
5. Fee. The fee for a scallop dragging license is $143.
[ 2009, c. 213, Pt. G, §18 (AMD) .]
6. Violation. A person who violates this section commits a civil violation for which the following penalties apply:
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized; [2009, c. 415, Pt. A, §7 (RPR).]
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and [2009, c. 415, Pt. A, §7 (RPR).]
C. For the 3rd and subsequent offenses, 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. [2009, c. 415, Pt. A, §7 (RPR).]
[ 2009, c. 415, Pt. A, §7 (RPR) .]
SECTION HISTORY
1983, c. 663, §2 (NEW). 1985, c. 662, §§2,3 (AMD). 1991, c. 528, §RRR (AFF). 1991, c. 528, §T6 (AMD). 1991, c. 591, §T6 (AMD). 1997, c. 572, §2 (AMD). 2001, c. 421, §B41 (AMD). 2001, c. 421, §C1 (AFF). 2003, c. 20, §WW14 (AMD). 2003, c. 248, §8 (AMD). 2007, c. 557, §2 (AMD). 2007, c. 607, Pt. A, §2 (AMD). 2007, c. 607, Pt. B, §2 (AMD). 2007, c. 695, Pt. I, §2 (AMD). 2009, c. 213, Pt. G, §18 (AMD). 2009, c. 415, Pt. A, §7 (AMD).