1. Dragging in dive-only areas prohibited. A person may not take scallops by dragging in a dive-only area, as established in subsection 2.
2. Dive-only areas established. At the written request of a municipality, the commissioner may establish in harbors where there are 5 or more moorings within that municipality dive-only areas where a person may fish for or take scallops by hand.
3. Violation. A person who violates subsection 1 commits a civil violation for which the following penalties apply:
A. For a first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized; [PL 2013, c. 230, §1 (NEW).]
B. For a 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and [PL 2013, c. 230, §1 (NEW).]
C. For a 3rd or subsequent offense, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728‑B. [PL 2013, c. 230, §1 (NEW).]
4. Rules. The commissioner may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.