(8) Take smelts during the winter months, except by |
hook and line, unless the holder has a uses an operable |
commercially manufactured number 14 fish grader in |
operable condition in that holder's immediate proximity |
to sort smelts by size 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 and that |
allows smelts to pass through at least 2 sides and the |
bottom of the grader. The commissioner may adopt rules |
to amend the grate size restrictions under this |
subparagraph if the commissioner determines such rules |
are necessary for conservation or enforcement purposes |
This subparagraph does not apply to a license holder |
who fishes with a hook and line only; or |