A person may not fail to comply with any provision of this paragraph.

A person who violates this paragraph commits a Class E crime.

3.__Use of gill nets by department personnel.__Department personnel may use gill nets pursuant to this subsection.

A.__The department may use gill nets in inland waters provided that:

(1)__When requested by another agency to undertake a gill netting project, the department is reimbursed by that agency for all costs relating to the gill netting project;

(2)__Both ends of the net are marked with buoys that are clearly visible from a distance of 300 feet and that identify the department; and

(3)__The results of each netting are forwarded on a weekly basis to the office of the commissioner.__The records of the results must be available for public inspection at the office of the commissioner.

B.__A person may not fail to comply with the restrictions established under this subsection.

C.__The department shall submit an annual report to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters no later than March 1st of each year on the use of gill nets by department personnel.__The report must include a summary of each use of gill nets, indicating the following:

(1)__The specific purpose for which the gill nets were used;

(2)__The date of each use;

(3)__The location of each use by water body, town and county; and

(4)__The number and mortality of each species of fish taken by gill nets.