A person who violates this subsection commits a class E crime.

9.__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.

Sec. B-260. 12 MRSA §12552, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

1. Prohibition. A person licensed to deal in live baitfish pursuant to section 12551 12551-A may not purchase live smelts from a person who does not hold a current license to sell live smelts issued pursuant to section 12551 12551-A, subsection 4 3, paragraph A or C.

Sec. B-261. 12 MRSA §12552, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

2.__Penalty.__The following penalties apply to violations of this section.

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

B.__A person who violates subsection 1 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

The commissioner, subject to the hearing provisions of section 10902, shall revoke for a period of at least one year from the date of adjudication any licenses issued under section 12551-A to a person adjudicated of a violation of subsection 1.

Sec. B-262. 12 MRSA §12553, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.