Section 6728-C - Dive-only areas1.Dragging in dive-only areas prohibited. A person may not take scallops by dragging in a dive-only area, as established in subsection 2. [2013, c. 230, §1(NEW).]
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. [2013, c. 230, §1(NEW).]
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; [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 [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. [2013, c. 230, §1(NEW).] [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. [2013, c. 230, §1(NEW).]
Added by 2013, c. 230,§ 1, eff. 10/9/2013.