Maine § 6434. - Molesting lobster gear
Full text of Maine Maine Revised Statutes § 6434. — Molesting lobster gear, with citation guidance and answers to common questions.
§ 6434.. Molesting lobster gear
A person may not raise, lift, transfer, possess or in any manner molest any lobster trap, warp, buoy or car except as provided in this section. [PL 2003, c. 520, §5 (AMD).]
1. Permitted activities. Lobster traps, warps, buoys and cars may be raised, lifted, transferred, possessed or otherwise molested by the following:
A. A marine patrol officer; [PL 1989, c. 428 (NEW).]
B. The licensed owner; [PL 1989, c. 428 (NEW).]
C. Any person having written permission from the commissioner; and [PL 2003, c. 520, §5 (AMD).]
D. Any person authorized by rule pursuant to subsection 2. [PL 1989, c. 428 (NEW).]
2. Adoption of rules required. The commissioner shall adopt rules, no later than January 1, 1990, authorizing the removal of traps, warps, buoys or cars that are washed up above the mean low tide mark or are otherwise abandoned or lost. Notwithstanding Title 25, sections 3502 and 3503, the commissioner may dispose of such traps, warps, buoys or cars, or authorize their disposal, if the owner cannot be identified or if the owner has been notified and fails to respond within 30 days.
3. Using another's lobster gear; prohibition. Traps, warps, buoys or cars may not be used for fishing by any person other than the licensed owner unless that person has written permission from the commissioner.
3-A. Penalty. A person who violates this section commits a Class D crime.
4. Restitution. If a person violates this section by cutting a lobster trap line, the court shall:
A. Order that person to pay to the owner of the trap line that was cut an amount equal to twice the replacement value of all traps lost as a result of that cutting; and [PL 2007, c. 695, Pt. A, §15 (RPR).]
B. Direct that person to provide proof of payment of that restitution to the commissioner as required by section 6402, subsection 1. [PL 2007, c. 695, Pt. A, §15 (RPR).]
Restitution imposed under this subsection is in addition to any penalty imposed under subsection 3‑A.
Frequently Asked Questions About Maine § 6434.
What does Maine Revised Statutes § 6434. cover?
Section 6434. ("Molesting lobster gear") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 6434.?
A common citation format is "Maine Revised Statutes § 6434." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 6434. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.