Section 69. Whoever takes or has in his possession quahaugs or soft shelled clams or oysters smaller than the minimum size established by the director through regulations, hereinafter referred to as seed quahaugs, seed clams and seed oysters, to the amount of more than five percent of any batch, shall be punished in accordance with section two; provided, however, that it shall not be unlawful to take seed quahaugs, seed clams or seed oysters or have the same in possession under authority of a permit therefor, which the director is hereby authorized to grant, for a replanting in waters or flats within the commonwealth.