(8) Take smelts during the winter months, except by hook and line, unless the holder has a commercially manufactured number 14 fish grader certified by the Department of Agriculture, Bureau of Weights and Measures 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 commercially manufactured 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.

Sec. 4. 12 MRSA §12551-A, sub-§10 is enacted to read:

10.__Reports required.__A person licensed under this section shall submit a report on forms provided by the department, with the following information: name and location of waters fished, the dates fished, total catch, gear type, and number of nets used.__The report must be submitted by April 10th of each year.__ The data submitted as part of the report is confidential information.__The department may use the data submitted as part of the report for scientific purposes only.__A person who has not submitted this report is prohibited from retaining a license.__A person whose ability to retain a license has been affected pursuant to this subsection may submit an appeal to the commissioner.