Section 41. Any person who takes, sells or has in possession any female lobster bearing externally attached eggs shall be punished for the first offense by a fine of not less than $150 nor more than $500 for every such lobster and for a subsequent offense by a fine of not less than $500 nor more than $1,000 for every such lobster, or by imprisonment for not less than 60 days nor more than six months, or both such fine and imprisonment. A person who takes any such lobster and immediately returns it alive to the waters from which it was taken shall not be subject to such penalty. This section shall not apply to lobsters extruding eggs in fish cars or pounds if they are immediately liberated alive in the coastal waters, nor to the taking or possession of lobsters as provided in section 43.