1. Prohibition. A person licensed to deal in live baitfish pursuant to section 12551 12551-A may not purchase live smelts from a person who does not hold a current license to sell live smelts issued pursuant to section 12551 12551-A, subsection 4 3, paragraph A or C.

Sec. 264. 12 MRSA §12552, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

2.__Penalty.__The following penalties apply to violations of this section.

A.__A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

B.__A person who violates subsection 1 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

The commissioner, subject to the hearing provisions of section 10902, shall revoke for a period of at least one year from the date of adjudication any licenses issued under section 12551-A to a person adjudicated of a violation of subsection 1.

Sec. 265. 12 MRSA §12553, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

§12553. Selling, using or possessing baitfish

1. Selling, using or possessing unlawful baitfish. A person may not, except as provided in this section, sell, offer for sale, use or possess for use as bait for fishing any species of fish other than baitfish as defined in section 10001, subsection 6.

A. Nothing in this Title prohibits the use of commercially prepared eggs from species that do not naturally occur in the State for bait.

B. A person may take baitfish from all inland waters of the State during the period that those waters are open to fishing and the commissioner may grant permits in accordance with section 12513 to take baitfish from certain waters at any time.