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| 5.__Live bait retailer's license authorizations and restrictions.__ | The provisions of this subsection apply to the selling of live | smelts and baitfish under a live bait retailer's license. |
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| A.__The holder of a live bait retailer's license may: |
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| (1)__Sell live baitfish or smelts acquired from a | person licensed under this section to deal in live | baitfish or smelts; |
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| (2)__Designate others to assist in selling live smelts | and baitfish at the license holder's business facility; |
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| (3)__Transport live smelts and baitfish or designate | another to transport live smelts and baitfish on the | license holder's behalf; and |
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| (4)__Possess more than the daily bag limit of smelts, | provided that the smelts were acquired from a person | licensed under this section to deal in live smelts. |
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| B.__The holder of a live bait retailer's license: |
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| (1)__May not take or possess for the purposes of retail | sale live baitfish or smelts from the inland waters of | the State or private ponds; |
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| (2)__Shall present a receipted invoice, bill of lading, | bill of sale or other satisfactory evidence of the | lawful possession of live baitfish or smelts for retail | sale to any agent of the commissioner upon request; or |
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| (3)__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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| Each day a person violates this paragraph that person | commits a class E crime. |
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| | 6.__Baitfish wholesaler's license authorizations and | restrictions.__The provisions of this subsection apply to the | taking and selling of baitfish under the baitfish wholesaler's | license. |
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| A.__The holder of a baitfish wholesaler's license may: |
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| (1)__Take for the purpose of sale live baitfish from | the inland waters of the State or from private ponds; |
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