§12762. Fish kills; violations; fines; rules; definition
1. Prohibition. A person may not improperly operate a fishway required under this subchapter in a manner that results in a fish kill.
[PL 2003, c. 655, Pt. B, §306 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine equivalent to the value of the fish killed but not more than $10,000 for each day of that violation may be adjudged. [PL 2003, c. 655, Pt. B, §306 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2003, c. 655, Pt. B, §306 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §306 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
3. Rules; definition. The department and the Department of Marine Resources shall jointly make rules defining "fish kill."
[PL 2003, c. 655, Pt. B, §306 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B306 (RPR). PL 2003, c. 655, §B422 (AFF).
Structure Maine Revised Statutes
Part 13: INLAND FISHERIES AND WILDLIFE
Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH
Subchapter 2: FISH MANAGEMENT AND RESEARCH
12 §12751. Commissioner's authority relating to culture and research
12 §12752. United States Fish and Wildlife Service
12 §12754. Fish spawning areas
12 §12755. Tampering with department dam
12 §12756. Tampering with fishway
12 §12757. Management of brook trout and landlocked salmon
12 §12758. Fish stocking (REPEALED)
12 §12758-A. Fish stocking; public notification
12 §12759. Stocking river herring
12 §12760. Fishways in dams and other artificial obstructions
12 §12761. Construction of new dams or other artificial obstructions
12 §12762. Fish kills; violations; fines; rules; definition
12 §12763. Use or possession of gill net; Penobscot Nation research; department personnel