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this section are considered in transport even if the motor vehicle | | or trailer may be temporarily placed at a specific location by the | | licensee, or the licensee's designee, for the purpose of selling | | live smelts or baitfish to anglers. |
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| | | 2.__License required.__A person may not: |
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| | | A. Possess for resale, sell or offer to sell live smelts, | | Osmerus mordax, or live baitfish, as defined in section | | 10001, subsection 6, without an appropriate and valid | | license issued under subsection 3; |
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| | | B. Engage in taking or assist in taking live baitfish for | | resale from inland waters without a valid baitfish | | wholesaler's license; |
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| | | C. Engage in taking or assist in taking live smelts for | | resale from inland waters without a smelt wholesaler's | | license; or |
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| | | D. Sell live smelts or baitfish from more than one facility | | without an appropriate and valid license for each facility. |
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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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| | | 3.__Issuance; eligibility.__The commissioner may issue to a | | resident or nonresident upon payment of the appropriate fee: |
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| | | A.__A live bait retailer's license that permits a person to | | possess for resale, sell or offer to sell live smelts and | | baitfish; |
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| | | B.__A baitfish wholesaler's license that permits a person to | | take and possess for resale, sell or offer to sell live | | baitfish; and |
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| | | C.__A smelt wholesaler's license that permits a person to | | take and possess for resale, sell or offer to sell live | | smelts. |
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| | | 4.__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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