§ 12 §12551-A — Dealing in live smelts and baitfish

1.
Definition.
For purposes of this section, "business facility" means a fixed place of business and does not include a motor vehicle or trailer. Live smelts or baitfish that are held in or on a motor vehicle or trailer by a person licensed under this section are considered in transport even if the motor vehicle or trailer may be temporarily placed at a specific location by the licensee, or the licensee's designee, for the purpose of selling live smelts or baitfish to anglers.
2.
License required.
A person may not:
2-A.
License required.
3.
Issuance; eligibility.
The commissioner may issue to a resident or nonresident upon payment of the appropriate fee:
4.
Schedule of fees.
The fees for licenses under this section are:
5.
Live bait retailer's license authorizations and restrictions.
The provisions of this subsection apply to the selling of live smelts and baitfish under a live bait retailer's license.
6.
Baitfish wholesaler's license authorizations and restrictions.
The provisions of this subsection apply to the taking and selling of baitfish under the baitfish wholesaler's license.
7.
Smelt wholesaler's license authorizations and restrictions.
The provisions of this subsection apply to the taking and selling of live smelts under the smelt wholesaler's license.
8.
Effect of revoked or suspended license.
A person whose license to deal in live smelts and baitfish has been revoked or suspended pursuant to section 10902 may not assist another dealer in selling or transporting live smelts and baitfish.
9.
Inspection of live smelts and baitfish.
A person licensed under this section who possesses live smelts or baitfish at a fixed place of business shall make those fish available for inspection by a warden or a department fisheries biologist during normal business hours. A person licensed under this section who possesses live smelts or baitfish at a location other than the licensee's fixed place of business shall make those fish available for inspection by a warden or a department fisheries biologist at any time, upon request.
9-A.
Record inspection.
Records retained as required in this section must be open for inspection by the commissioner or the commissioner's agent.
10.
Reports required.
A person licensed under this section must submit a report on forms provided by the department with the following information: name and location, including the town and county of waters fished; date fished; total catch; gear type; and number of nets used. The report must be submitted by May 31st of each year. A person who has not submitted this report may be prohibited from obtaining a license under this section. A person who is prohibited from obtaining a license under this section may submit an appeal to the commissioner.

Legislative History

PL 2003, c. 655, §B259 (NEW). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 12, §III29 (AMD). PL 2005, c. 237, §§3,4 (AMD). PL 2009, c. 340, §16 (AMD). PL 2011, c. 253, §30 (AMD). PL 2015, c. 298, §9 (AMD). PL 2015, c. 301, §36 (AMD). PL 2017, c. 164, §§19-21 (AMD). PL 2021, c. 184, §9 (AMD). RR 2021, c. 2, Pt. B, §77 (COR). PL 2023, c. 431, §§16-21 (AMD). PL 2023, c. 431, §23 (AFF). PL 2025, c. 248, §§1-3 (AMD).