LD 1600
pg. 193
Page 192 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 194 of 360
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LR 2121
Item 1

 
6.__Eels and elvers prohibitions.__The following prohibitions
apply to the harvesting of eels and elvers in inland waters.

 
A.__A person may not fish for or take elvers from inland
waters.

 
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.

 
§12507. License to cultivate or sell commercially grown and

 
imported fish

 
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.

 
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.

 
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.

 
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.

 
4.__Fee. The fee for a license to sell commercially grown or
imported fish is $25 annually.

 
5.__Restrictions. The following provisions must be observed.

 
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.

 
B.__Whenever a person sells fish in more than one wholesale
or retail outlet, each outlet must be licensed.

 
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.

 
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.

 
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.

 
§12508. License to operate private fee pond

 
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.

 
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.

 
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.

 
3.__Fee.__The fee for a private fee pond license is $25.

 
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.

 
§12509. Permit to import live freshwater fish or eggs

 
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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