(1)__A person may not keep more than 5 dozen smelts alive as part of that person's daily bag limit pursuant to this paragraph.

(2) A person may not take smelts with a dip net unless that dip net meets the requirements under section 10001, subsection 12-A.

Each day a person violates subparagraph (1) or (2) that person commits a Class E crime;

Sec. 3. 12 MRSA §12551-A, sub-§7, ¶¶A and B, as enacted by PL 2003, c. 655, Pt. B, §259 and affected by §422, are amended to read:

A. The holder of a smelt wholesale dealer's license may:

(1) Take live smelts for resale from any inland water waters or private pond ponds. The taking of live smelts from inland waters must be in accordance with general rules adopted by the commissioner in regard to the taking of smelts. Except as provided in paragraph B, the holder of a smelt wholesaler's license shall comply with the same daily bag limit and the same tackle restrictions that apply to all other anglers and is subject to the same penalties for violations of those limits and restrictions.__This subparagraph does not apply to a holder of a fish cultivator license as provided under section 12507;

(2) Use a baitfish trap, a dip net, From ice-in to ice-out, use a drop net, a lift net, a bag net or hook and line to take up to 8 quarts of smelts in a 24-hour period, beginning at noon on a given day, from specific inland waters designated by the commissioner.__A dip net may be used in conjunction with the above methods to assist with the handling and transporting of smelts.__A licensee may keep the daily bag limit