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.

A-1. The following penalties apply to violations of paragraph A.

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

(2)__A person who violates paragraph A 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.

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;