LD 1600
pg. 201
Page 200 of 361 PUBLIC Law Chapter 414 Page 202 of 361
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LR 2121
Item 1

 
10.__Inspection of live smelts and baitfish.__A person licensed
under this section who possesses live smelts or baitfish at a fixed
place of business shall make those fish available for inspection by
a warden or a department fisheries biologist during normal business
hours.__A person licensed under this section who possesses live
smelts or baitfish at a location other than the licensee's fixed
place of business shall make those fish available for inspection by
a warden or a department fisheries biologist at any time, upon
request.

 
§12552. Purchase of live smelts from unlicensed dealers

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

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

 
The commissioner, subject to the hearing provisions of section
10902, shall revoke for a period of at least one year from the
date of conviction any licenses issued under section 12251 to a
person convicted of a violation of subsection 1.

 
§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.

 
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.


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