(A) It is unlawful to take or attempt to take, possess, sell, purchase, or import a hard clam of the genus Mercenaria of less than one inch in thickness as measured from the exterior surface of one shell of the intact clam to the exterior surface of the opposite shell. A person taking a clam of other than legal size must immediately return it to the bottoms from whence it came.
(B) It is lawful for persons and entities engaged in shellfish mariculture operations to possess mariculture clams of less than the minimum size specified in this section and to import, purchase, sell, or transplant undersized mariculture clams, as defined in this section, by obtaining a permit. It is also lawful for a licensed wholesale seafood dealer or retail restaurant to purchase and possess for resale undersized maricultured clams purchased from a mariculture operation permitted pursuant to this section, provided the licensed wholesale seafood dealer or retailer has proof of origin in possession for each lot of clams purchased.
(C) A violation of this section by a person is a misdemeanor and, upon conviction, that person must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 5.