4.__Rules.__After December 1, 2004, the commissioner may adopt rules to increase the minimum shell size set by this section.__ Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

5.__Violation.__A person who violates this section commits a civil violation.__The following penalties apply.

A.__For the first offense, a fine of $250 is imposed and all scallops on board may be seized.

B.__For the 2nd and each subsequent offense, a fine of $250 is imposed, all scallops on board may be seized and the scallop boat license may be suspended for one year.