(Buoy and Net Identification Requirements. Res. 94 A 109, 7/12/1994; repealed by Res. 06 A 067, 9/19/2006. These matters are now covered by regulation.)
Any person who possesses shellfish in excess of his or her subsistence limit of shellfish, while on a beach which is closed for commercial harvest, is guilty of:
(1) 
A class C offense when the amount is more than 1 percent but less than 10 percent above the limit;
(2) 
A class B offense when the amount is at least 10 percent but less than 50 percent above the limit; and
(3) 
A class A offense when the amount is fifty percent or greater above the limit.
(Res. 06 A 067, 9/19/2006; Res. 20 A 141, 12/14/2020, amended this section to change pounds to percent.)
Any person who engages in shellfishing at any place, at any time, or for any species not specifically opened by this Code or by annual or emergency regulations is guilty of a class A offense.
(Res. 94 A 109, 7/12/1994; Res. 02 A 063, 5/14/2002 amended this section by changing the penalty classification from B to A.)
Any person who:
(1) 
Takes shellfish from a polluted beach; or
(2) 
Transfers, transports, offers for sale, or sells shellfish from a polluted beach; or
(3) 
Attempts any conduct prohibited under this section,
is guilty of a class A offense.
This section shall not apply to the relay of shellfish from a polluted beach to a clean beach, when authorized by the Fisheries Manager.
(Res. 94 A 109, 7/12/1994)