Section 6073 - Exclusivity; prohibition or interference1. Exclusivity. Each lease for aquaculture shall be exclusive for the species and to the extent provided by the commissioner in the lease. [1977, c. 661, §5(NEW).]
2.Prohibition on interference. It shall be unlawful to interfere with the rights provided in a lease. [1977, c. 661, §5(NEW).]
2-A.Cultchless American oysters; possession. Prior to the point of retail sale, a person may not possess a cultchless American oyster grown in the State unless that person: A. Is a grower licensed under section 6863, an employee of a licensed grower or an agent of a licensed grower; or [1991, c. 876, §1(NEW).]B. Is in the possession of a bill of sale or a bill of lading that includes the license number of the grower. [1991, c. 876, §1(NEW).] [1991, c. 876, §1(NEW).]
2-B.Marking. In the coastal waters of the State, a person may not mark or designate an area as a sea farm, aquaculture lease or other similar designation unless that area is currently leased for aquaculture or is under consideration by the department for a lease through the aquaculture lease application process. [2007, c. 212, §3(NEW).]
3.Penalty. Any person who violates subsection 2-A or who knowingly and willfully violates subsection 2 is guilty of a Class D crime, except that, notwithstanding Title 17-A, sections 4-A, 1704 and 1705, the court shall impose a fine of not less than $1,000 and restitution may be ordered made to the owner of the lease in an amount set by the court pursuant to Title 17-A, chapter 69. [2019, c. 113, Pt. C, §10(AMD).]
Amended by 2019, c. 113,§ C-10, eff. 5/16/2019.1977, c. 661, § 5 (NEW) . 1991, c. 284, (AMD) . 1991, c. 876, § 1 (AMD) . 1995, c. 157, § 1 (AMD) . 2007, c. 212, § 3 (AMD) .