| (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 |