4. Effective date. Except as provided in this subsection, emergency regulations rules become effective immediately upon publication in a newspaper of general circulation in the area of the State affected, provided it is those rules are submitted to the Attorney General and filed with the Secretary of State as required under the Maine Administrative Procedure Act, Title 5, chapter 375, within the next business day following publication.

Notwithstanding any provisions of the Maine Administrative Procedure Act, an emergency regulation rule authorized by section 6172, subsection 2 or 3 is effective immediately upon signature by the commissioner or the commissioner's authorized designee. Upon signing an emergency regulation rule that closes or opens an area or waters to the taking of marine organisms, the commissioner or the commissioner's authorized designee shall give oral notice of that action to local governmental authorities and shall publish notice of a closure as soon as possible in a newspaper of general circulation in the area of the State affected. Marine patrol officers shall take action to prevent taking of shellfish from a closed area, including the embargo of contaminated shellfish under section 6856, subsection 6 and the arrest of any person violating the emergency regulation rule.

5. Repeal. Emergency regulations rules may be repealed in the same manner as they are adopted.

Sec. 6. 12 MRSA §6204, as enacted by PL 1977, c. 661, §5, is amended to read:

§6204. General penalty

A violation of any provision of marine resources' laws or any regulation authorized thereunder or adopted by legislative directive shall be is a Class D crime, unless another penalty has been expressly provided.

Sec. 7. 12 MRSA §6701, sub-§2, as amended by PL 2001, c. 421, Pt. B, §40 and affected by Pt. C, §1, is further amended to read:

2. Licensed activity. The holder of a hand fishing scallop license may take scallops by hand or possess, ship, transport or sell shucked scallops the holder has taken.

Sec. 8. 12 MRSA §6702, sub-§2, as amended by PL 1997, c. 572, §2, is further amended to read: