It shall be unlawful for any person to harvest surf clams in this State unless said person has applied for and secured from the Department of Natural Resources and Environmental Control and has in his or her possession a valid surf clam harvester’s license. The fee for a resident surf clam harvester’s license shall be $50 for residents and $500 for nonresidents.

The Department will establish by regulation the seasons for the harvesting of surf clams.

It shall be unlawful for any person to possess surf clams taken from the waters under the jurisdiction of the State which measure less than the size limit designated by the Department.

(a) It shall be unlawful to harvest surf clams in any waters designated as contaminated by the Department.

(b) The Department may open and close harvesting areas by regulation. If, in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect clams or other shellfish resources of the State, it may do so with advance notice, as it deems necessary.

Any person who violates this chapter shall be fined not less than $100 nor more than $1,000 for a first offense. For each subsequent conviction, a person shall be guilty of a class C environmental violation for the first offense. For each subsequent conviction, a person shall be guilty of a class B environmental misdemeanor.