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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. |
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| | 5.__Exception to permit requirement.__Notwithstanding | subsection 1: |
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| 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; |
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| 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; |
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| C.__A person may fish for or possess alewives from inland | waters if that person has been granted fishing rights under | section 6131; and |
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| 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. |
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| | 6.__Eels and elvers prohibitions.__The following prohibitions | apply to the harvesting of eels and elvers in inland waters. |
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| A.__A person may not fish for or take elvers from inland | waters. |
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| 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. |
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| §12507. License to cultivate or sell commercially grown and |
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| | 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. |
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| 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. |
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| | 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. |
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| | 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. |
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| | 4.__Fee. The fee for a license to sell commercially grown or | imported fish is $25 annually. |
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| | 5.__Restrictions. The following provisions must be observed. |
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| 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. |
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| B.__Whenever a person sells fish in more than one wholesale | or retail outlet, each outlet must be licensed. |
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| 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. |
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| 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. |
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| | 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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