12 §6952-A. Trawling, seining or netting for lobster
Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 2: LICENSING
Chapter 627: GENERAL PROHIBITIONS
§6952-A. Trawling, seining or netting for lobster
1. Trawling, seining or netting for lobsters prohibited. A person may not:
A. Fish for or take lobsters by use of an otter or beam trawl, a scallop drag or trawl, seine or net; or [2003, c. 452, Pt. F, §36 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. Possess any lobsters, regardless of their source, on board any boat rigged for otter or beam trawling, scallop dragging or trawling, seining or netting. [2003, c. 452, Pt. F, §36 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
[ 2003, c. 452, Pt. F, §36 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
2. Exception; liberated alive. A person does not violate this section if the lobster is immediately liberated alive in the coastal waters.
[ 2003, c. 452, Pt. F, §36 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
3. Exceptions; boats. This section does not apply to:
A. A boat rigged for otter or beam trawling, scallop dragging or trawling, or seining if all nets and scallop drags are removed from the boat; or [2003, c. 452, Pt. F, §36 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. A boat rigged for netting if there are no finfish taken by gill net aboard. [2003, c. 452, Pt. F, §36 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
[ 2003, c. 452, Pt. F, §36 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
4. Penalty for possession. A violation of this section is a Class D crime, except that in addition to any punishment that may be imposed under Title 17-A, Part 3, the court shall impose a fine of $500 for each violation and, in addition, a fine of $100 for each lobster involved, up to and including the first 5, and a fine of $200 for each lobster in excess of 5, or, if the number of lobsters cannot be determined, a fine of not less than $1,000 or more than $5,000. A court may not suspend a fine imposed under this subsection.
[ 2009, c. 394, §14 (NEW) .]
SECTION HISTORY
2003, c. 452, §F36 (NEW). 2003, c. 452, §X2 (AFF). 2009, c. 394, §14 (AMD).