Maine Revised Statutes Title 12 Sec. 6306 – Consent to inspection; violation
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1. Consent to inspection. Any person who signs an application for a license or aquaculture lease or receives a license or aquaculture lease under this Part has a duty to submit to inspection and search for violations related to the licensed activities by a marine patrol officer under the following conditions.
A. Watercraft or vehicles and the equipment located on watercraft or vehicles used primarily in a trade or business requiring a license or aquaculture lease under this Part may be searched or inspected at any time. [PL 2009, c. 229, §14 (AMD).]
B. Any other location where activities subject to this Part are conducted may be inspected or searched during the hours when those activities occur. [PL 1987, c. 713, §2 (NEW).]
C. A location specified in paragraph B may be inspected at any time if a marine patrol officer has a reasonable suspicion of a violation of this Part. [PL 1987, c. 713, §2 (NEW).]
D. No residential dwelling may be searched without a search warrant unless otherwise allowed by law. [PL 1987, c. 713, §2 (NEW).]
[PL 2009, c. 229, §14 (AMD).]
Terms Used In Maine Revised Statutes Title 12 Sec. 6306
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
2. Seizure of evidence. Any person who signs an application for a license or aquaculture lease or receives a license or aquaculture lease under this Part has a duty to permit seizure of evidence of a violation of marine resources laws found during an inspection or search.
[PL 2009, c. 229, §14 (AMD).]
3. Refusal. Refusal to permit inspection or seizure is a basis for suspension of any or all licenses under this chapter or revocation of aquaculture leases.
[PL 2009, c. 229, §14 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1987, c. 713, §2 (AMD). PL 1989, c. 348, §4 (AMD). PL 2009, c. 229, §14 (AMD).