LD 1920
pg. 116
Page 115 of 234 An Act To Revise the Fish and Wildlife Laws To Complement the Recodification of... Page 117 of 234
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LR 2679
Item 1

 
(7)__Attempt to take from the inland waters of the
State live smelts for resale using drop nets through
the ice unless the license holder marks all holes made
in the ice by that license holder for that purpose.__
The holes must be marked either by evergreen boughs
placed around the hole or by suspending at least one
strand of fluorescent biodegradable tape at least 3
feet above the ice around the entire perimeter of the
hole so that the tape is visible from all sides;

 
(8)__Take smelts during the winter months, except by
hook and line, unless the holder has a number 14 fish
grader in operable condition in that holder's immediate
proximity during the taking of smelts and uses that
grader during the smelt harvesting activity.__The
holder shall liberate immediately all undersized smelts
alive into the waters from which they were taken.__For
the purpose of this subparagraph, a number 14 grader is
a grader having a minimum grate size of 14/64 inches.__
This subparagraph does not apply to a license holder
who fishes with a hook and line only; or

 
(9)__Possess at that person's place of business any
species of fish that may not legally be sold as bait.

 
Each day a person violates this paragraph that person
commits a class E crime.

 
For purposes of this subsection, live smelts are considered in
possession of the licensee once the smelts have been removed from
the inland waters and placed in a container.

 
8.__Effect of revoked or suspended license.__A person whose
license to deal in live smelts and baitfish has been revoked or
suspended pursuant to section 10902 may not assist another dealer
in selling or transporting live smelts and baitfish.

 
A person who violates this subsection commits a class E crime.

 
9.__Inspection of live smelts and baitfish.__A person licensed
under this section who possesses live smelts or baitfish at a
fixed place of business shall make those fish available for
inspection by a warden or a department fisheries biologist during
normal business hours.__A person licensed under this section who
possesses live smelts or baitfish at a location other than the
licensee's fixed place of business shall make those fish
available for inspection by a warden or a department fisheries
biologist at any time, upon request.


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