(a) Notwithstanding any general or special law to the contrary, during the period from May 1 to October 31, inclusive, no person shall use mobile gear, as defined by the department of marine fisheries by regulation, to drag for fish in the coastal waters located within 3 nautical miles of the town of Nantucket.  For the purposes of this act, there shall be a rebuttable presumption that a vessel is using mobile gear if:

(i) otter trawls, beam trawls, midwater or bottom pair trawls, seines or dredges are not out of the water and on board the vessel; or

(ii) the mouth of the net or dredge is not out of the water and secured to the vessel's sides or stern.

(b) This act shall not apply to any vessel fishing surf clam, ocean quahog, bay quahog dredge or scallop dredge or any vessel fishing within a shellfish fishery regulated by the town of Nantucket.

(c) A person or entity using mobile gear in violation of this section may be punished by: (i) a fine of not less than $500 nor more than $1000; (ii) the suspension or revocation of any licenses, permits or certificates granted pursuant to chapter 130 of the General Laws; and (iii) seizure or forfeiture of fish unlawfully taken.