1-A.__Unlawfully selling, using or possessing baitfish.__ Except as provided in this subsection and for baitfish as defined in section 10001, subsection 6, a person may not:

A. Sell or offer for sale fish as bait for the purpose of fishing; or

B. Use or possess fish as bait for the purpose of fishing.

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

A person who violates this subsection commits a Class E crime. The court shall, in addition, impose a fine of $20, none of which may be suspended, for each fish illegally possessed.

2. Sale of bait or baitfish in containers. A person who sells bait or baitfish may not provide or sell the bait or baitfish in containers that are composed in whole or in part of polystyrene foam plastic unless the containers are composed of biodegradable paper or cardboard.

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

A. A person who violates this subsection 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 this subsection 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.

3. Failure to label baitfish traps, drop nets or baitfish holding boxes. A person may not set or place within the inland waters of the State any baitfish trap, drop net or baitfish holding box without having the baitfish trap, drop net or baitfish holding box plainly labeled with that person's full name and address.