§ 12 §6721-A — Shell size minimum (REALLOCATED FROM TITLE 12, SECTION 6728-A)

1.
Minimum shell size.
Except as provided in subsection 4, this subsection governs the shell size limits of scallops.
2.
Prima facie evidence.
It is prima facie evidence of possession of illegal scallops if a vessel contains scallops less than the minimum shell size set by this section or the minimum shell size set by rules adopted pursuant to this section while a person licensed under this subchapter or crew member of a person licensed under this subchapter is shucking scallops.
3.
Release of undersize scallops.
Those scallops that are less than the minimum shell size established by this section or by rules adopted pursuant to this section must be immediately liberated into the waters from which they were taken.
4.
Rules.
After December 1, 2004, the commissioner may adopt rules to increase the minimum shell size set by this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
5.
Violation.
Notwithstanding section 6174, subsection 3, a person who violates this section commits a civil violation for which the following penalties apply:

Legislative History

PL 2003, c. 520, §8 (RAL). PL 2007, c. 557, §4 (AMD). PL 2007, c. 607, Pt. A, §§5, 6 (AMD). PL 2007, c. 607, Pt. B, §4 (AMD). PL 2007, c. 695, Pt. I, §§4, 5 (AMD). PL 2009, c. 561, §23 (AMD).