LD 1920
pg. 114
Page 113 of 231 PUBLIC Law Chapter 655 Page 115 of 231
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LR 2679
Item 1

 
(4)__Transport or possess at the holder's business
facility more than the daily bag limit of smelts at any
time unless the smelts were acquired in accordance with
paragraph A, subparagraph 4.__If the smelts were
purchased from another person, the license holder must
present a receipted invoice, bill of lading or bill of
sale to any agent of the commissioner upon request;

 
(5)__Transport from an inland water source to the
licensee's place of business more than 8 quarts of live
smelts;

 
(6)__Permit any person to transport live smelts on the
license holder's behalf directly from an inland water
source;

 
(7)__Attempt to take from the inland waters of the
State live smelts for resale using drop nets through
the ice unless the license holder marks all holes made
in the ice by that license holder for that purpose.__
The holes must be marked either by evergreen boughs
placed around the hole or by suspending at least one
strand of fluorescent biodegradable tape at least 3
feet above the ice around the entire perimeter of the
hole so that the tape is visible from all sides;

 
(8)__Take smelts during the winter months, except by
hook and line, unless the holder has a number 14 fish
grader in operable condition in that holder's immediate
proximity during the taking of smelts and uses that
grader during the smelt harvesting activity.__The
holder shall liberate immediately all undersized smelts
alive into the waters from which they were taken.__For
the purpose of this subparagraph, a number 14 grader is
a grader having a minimum grate size of 14/64 inches.__
This subparagraph does not apply to a license holder
who fishes with a hook and line only; or

 
(9)__Possess at that person's place of business any
species of fish that may not legally be sold as bait.

 
Each day a person violates this paragraph that person
commits a class E crime.

 
For purposes of this subsection, live smelts are considered in
possession of the licensee once the smelts have been removed from
the inland waters and placed in a container.


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