| | 4.__Issuance.__The commissioner may issue live smelt and | baitfish licenses in the following categories. |
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| A.__A live bait retailer's license permits a person to | possess for resale, sell or offer to sell live smelts, | Osmerus mordax, and baitfish, as defined in section 10001, | subsection 6. |
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| B.__A baitfish wholesaler's license permits a person to take | and possess for resale, sell or offer to sell live baitfish. |
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| C.__A smelt wholesaler's license permits a person to take | and possess for resale, sell or offer to sell live smelts. |
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| | 5.__Schedule of fees.__The fees for licenses under this | section are: |
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| A.__For a live bait retailer's license, $14; |
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| B.__For a baitfish wholesaler's license, $24; and |
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| C.__For a smelt wholesaler's license, $69. |
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| | 6.__Live bait retailer's license.__The following restrictions | apply to the selling of live smelts and baitfish under the live | bait retailer's license. |
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| A.__If a person sells live smelts or baitfish from more than | one retail facility, that person must obtain a separate | license for each place of business. |
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| B.__The holder of a live bait retailer's license may | designate others to assist in selling live smelts and | baitfish at the license holder's business facility. |
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| C.__The holder of a live bait retailer's license, or a | designee, may transport live smelts and baitfish. |
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| D.__The holder of a live bait retailer's license may possess | more than the daily bag limit of smelts at any time, | providing that the smelts were acquired in a lawful manner. | As evidence of lawful possession, the receipted invoice, | bill of lading, bill of sale or other satisfactory evidence | must be presented upon request to any agent of the | commissioner. |
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| E.__A person licensed to sell live fish as bait may not | possess at that person's place of business any species of | fish that may not legally be sold as bait. |
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