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;
B. For a 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
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.
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.