1. Zone 1 prohibition. Except as provided in this subsection, a person may not take, possess, ship, transport, buy or sell a sea urchin having shell measurements less than the minimum size established by rule for Zone 1. A. A person holding a dragging license may take a sea urchin that measures less than the minimum size established by rule for Zone 1 if that sea urchin is harvested by dragging and is immediately culled on board and liberated alive into the marine waters. [PL 2003, c. 200, §2 (NEW).] B. A person who holds a hand-fishing license may take a sea urchin that measures less than the minimum size established by rule for Zone 1 as provided by the commissioner. [PL 2003, c. 200, §2 (NEW).] [PL 2003, c. 200, §2 (NEW).] 2. Zone 2 prohibition. A person may not take, possess, ship, transport, buy or sell a sea urchin having shell measurements less than the minimum size established by rule for Zone 2. A person may take a sea urchin that measures less than the minimum size established by rule for Zone 2 if that sea urchin is culled on board immediately after harvesting and is liberated alive into the marine waters. [PL 2003, c. 200, §2 (NEW).] 3. Rules. The commissioner may adopt rules to carry out the purposes of this section and to provide for increases in the minimum shell size of sea urchins after consultation with the Sea Urchin Zone Council. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [PL 2003, c. 200, §2 (NEW).] 4. Penalties. The following penalties apply to violations of this section. A. A person who violates this section commits a Class D crime for which a fine of not less than $500 may be adjudged. [PL 2003, c. 200, §2 (NEW).] B. A person who violates this section after having previously violated this section commits a Class D crime for which a fine of not less than $1,000 may be adjudged. [PL 2003, c. 200, §2 (NEW).] Fines imposed under this subsection may not be suspended. [PL 2003, c. 200, §2 (NEW).]
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