(1) No person shall take bay scallops except during the open season identified in subdivision (b) of this section.

(2) Except as provided in paragraph (5) of this subdivision, only bay scallops having an annual growth line and measuring not less than 2¼ inches from the middle of the hinge to the middle of the bill shall be taken.

(3) Scallops shall be culled when taken.

(4) Except as provided in paragraph (5) of this subdivision, any bay scallops taken that do not have an annual growth line or that measure less than 2¼ inches from the middle of the hinge to the middle of the bill shall be immediately returned alive to the water.

(5) When unintentionally and unavoidably taken, bay scallops which do not have an annual growth line or that measure less than 2¼ inches from the middle of the hinge to the middle of the bill shall comprise, by number, no more than two percent of the total catch. For purposes of determining compliance with this subdivision, not less than one representative U.S. standard bushel may be selected from the total catch for examination. If the bushel selected for examination is found to contain a number of scallops in excess of two percent by count that do not have an annual growth line or that measure less than 2¼ inches from the middle of the hinge to the middle of the bill, the entire catch from which such bushel was taken shall be deemed to contain in excess of two percent scallops, and shall be subject to seizure and applicable penalties under the law.

(1) Bay scallops may be taken by dredge or scrape, having an opening at the mouth not to exceed 36 inch in width, when towed by a boat operated by mechanical power, or other means provided that such dredge or scrape is brought aboard by hand power without the use of a mechanical device.

(2) Bay scallops shall not be taken on Sundays by use of a dredge or other device operated by power.

(1) No person shall possess bay scallops for sale for food purposes from April 1st to the first Monday in November. The provisions of this section shall not prohibit the possession of bay scallops, or sale of such scallops, which have been taken from approved areas during the period from the first Monday in November to March 31st, both inclusive, shucked and packed in approved packages and frozen, and thereafter kept in a frozen state.

(2) Bay scallops that may lawfully be sold pursuant to the provisions of the Fish and Wildlife Law and regulations adopted pursuant thereto, if lawfully taken in another state or country, may be transported into this State and possessed, bought and sold at any time.