LD 1600
pg. 193
Page 192 of 361 PUBLIC Law Chapter 414 Page 194 of 361
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LR 2121
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4.__Five-year limited entry; eel weirs.__The department may not
issue an eel weir permit to a person unless that person possessed a
valid eel weir permit for calendar year 1995.__The department shall
adopt routine technical rules pursuant to Title 5, chapter 375,
subchapter 2-A regarding the issuance of eel weir permits.__The
number of weirs and the number of square miles of watersheds in
this State fished by eel weirs may not exceed those permitted in
calendar year 1995.

 
5.__Exception to permit requirement.__Notwithstanding
subsection 1:

 
A.__A person may fish for alewives by use of a dip net or
single hook and line for consumption by that person or
members of that person's family, provided that the person
takes or possesses no more than one bushel in any day and
provided also that the alewives are not taken from any
waters in which a municipality or other person has been
granted exclusive rights under section 6131;

 
B.__A person licensed or otherwise entitled to fish in Maine
waters may take suckers for that person's use in all rivers,
brooks and streams that are open to fishing between April
1st and June 30th of each calendar year by the use of a hand
spear, bow and arrow or by snagging.__If suckers are taken
by bow and arrow, the arrow must have a barbed or prong
point and must be attached to the bow with a line;

 
C.__A person may fish for or possess alewives from inland
waters if that person has been granted fishing rights under
section 6131; and

 
D.__A person may take suckers for use as bait for fishing in
inland waters as provided in section 12551 without a permit
under subsection 2.

 
6.__Eels and elvers prohibitions.__The following prohibitions
apply to the harvesting of eels and elvers in inland waters.

 
A.__A person may not fish for or take elvers from inland
waters.

 
B.__A person other than the owner of a weir used to fish for
or take eels in inland waters may not tend that weir while
the weir is immersed unless that person has in the person's
possession written permission from the owner to tend the
weir or is in the presence of the owner and has the owner's
permission to tend the weir.

 
§12507. License to cultivate or sell commercially grown and

 
imported fish

 
1.__License required.__Except as otherwise authorized pursuant
to this Part, a person may not cultivate or sell fish that have
been commercially grown within the State or imported from outside
the State without a valid license issued under this section.

 
Each day a person violates this subsection, that person commits a
Class E crime for which a minimum fine of $50 and an amount equal
to twice the applicable license fee must be imposed.

 
2.__Issuance. The commissioner may issue a license to
cultivate and sell fish that have been either commercially grown
within the State or imported from without the State.

 
3.__Application.__This section does not apply to and the
commissioner may not issue permits governing any aspect of either
the commercial aquaculture of Atlantic salmon when intended for
use in commercial aquaculture in coastal waters or the Atlantic
salmon restoration program.

 
4.__Fee. The fee for a license to sell commercially grown or
imported fish is $25 annually.

 
5.__Restrictions. The following provisions must be observed.

 
A.__A license issued pursuant to subsection 2 must be kept
constantly and publicly posted in the office or place of
business of the licensee.

 
B.__Whenever a person sells fish in more than one wholesale
or retail outlet, each outlet must be licensed.

 
C.__All fish sold under this section must be identified with
the name and address of the source of the fish in a manner
approved by the commissioner. A person may not offer for
sale any commercially grown or imported fish that is not so
identified.

 
D.__A licensee shall keep invoices of fish sold and
purchased under this section so that the invoices are
available at all times for inspection by the commissioner or
the commissioner's duly authorized agent.

 
6.__Penalty.__Each day a person violates any restriction of a
license issued under this section that person commits a civil


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