| | | 6.__Eels and elvers prohibitions.__The following prohibitions | | apply to the harvesting of eels and elvers in inland waters. |
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| | | A.__A person may not fish for or take elvers from inland | | waters. |
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| | | B.__A person other than the owner of a weir used to fish for | | or take eels in inland waters may not tend that weir while | | the weir is immersed unless that person has in the person's | | possession written permission from the owner to tend the | | weir or is in the presence of the owner and has the owner's | | permission to tend the weir. |
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| | | §12507. License to cultivate or sell commercially grown and |
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| | | 1.__License required.__Except as otherwise authorized pursuant | | to this Part, a person may not cultivate or sell fish that have | | been commercially grown within the State or imported from outside | | the State without a valid license issued under this section. |
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| | | Each day a person violates this subsection, that person commits a | | Class E crime for which a minimum fine of $50 and an amount equal | | to twice the applicable license fee must be imposed. |
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| | | 2.__Issuance. The commissioner may issue a license to | | cultivate and sell fish that have been either commercially grown | | within the State or imported from without the State. |
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| | | 3.__Application.__This section does not apply to and the | | commissioner may not issue permits governing any aspect of either | | the commercial aquaculture of Atlantic salmon when intended for | | use in commercial aquaculture in coastal waters or the Atlantic | | salmon restoration program. |
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| | | 4.__Fee. The fee for a license to sell commercially grown or | | imported fish is $25 annually. |
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| | | 5.__Restrictions. The following provisions must be observed. |
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| | | A.__A license issued pursuant to subsection 2 must be kept | | constantly and publicly posted in the office or place of | | business of the licensee. |
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| | | B.__Whenever a person sells fish in more than one wholesale | | or retail outlet, each outlet must be licensed. |
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| | | C.__All fish sold under this section must be identified with | | the name and address of the source of the fish in a manner | | approved by the commissioner. A person may not offer for | | sale any commercially grown or imported fish that is not so | | identified. |
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| | | D.__A licensee shall keep invoices of fish sold and | | purchased under this section so that the invoices are | | available at all times for inspection by the commissioner or | | the commissioner's duly authorized agent. |
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| | | 6.__Penalty.__Each day a person violates any restriction of a | | license issued under this section that person commits a civil | | violation for which a forfeiture of not less than $100 nor more | | than $500 may be adjudged. |
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| | | §12508. License to operate private fee pond |
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| | | 1.__License required.__A person who owns a private pond may | | not charge others for the opportunity to fish in that private | | pond unless the owner of that pond possesses a valid private fee | | pond license issued by the commissioner under this section. |
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| | | Each day a person violates this subsection, that person commits a | | Class E crime for which a minimum fine of $50 and amount equal to | | twice the applicable license fee must be imposed. |
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| | | 2.__Licensed activities.__A private fee pond license | | authorizes the owner of a private pond to charge others for the | | opportunity to fish in that private pond and authorizes persons | | who fish in that pond to fish for, take, possess and transport | | fish harvested from that pond, notwithstanding other provisions | | of the law or rules of the department pertaining to manner, time, | | season, bag limit, length limit or fishing license requirements. |
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| | | 3.__Fee.__The fee for a private fee pond license is $25. |
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| | | 4.__Restrictions. All fish taken from a private fee pond | | operated pursuant to this section must be killed prior to being | | transported from the site.__All fish transported from the site | | must be tagged as provided by rules established by the | | commissioner. |
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| | | §12509. Permit to import live freshwater fish or eggs |
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| | | 1.__Permit required.__Except as otherwise authorized pursuant | | to this Part, a person may not introduce, import or transport any | | live fish or gametes into the State or receive or have in that | | person's possession fish or gametes so introduced, |
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