A. No person may net, trap or seine for commercial purposes or assist in such operations or buy, barter or trade any fish without having first obtained a valid commercial fishing license and without observing the following requirements:

1. No nets, traps, seines and other similar devices shall be used closer than one hundred (100) yards from the shore.

2. Except as otherwise provided, no type of set or unattended equipment or gear may have a mesh size of less than three (3) inches square nor shall such be set within four (4) feet of the surface of the water. Exceptions may be provided by the Department:

a.under specific contracts with the Department.

b.under experimental netting operations conducted by Department employees or under strict supervision of departmental personnel.

c.for operations conducted for the specific commercial collection of shad and turtles, the Department may liberalize the type of gear, mesh size and activities of this type of operation. Such liberalization shall be approved by the Commission.

3. All types of set or unattended equipment shall have identification tags, as prescribed by the Department, attached while such equipment is set or unattended in the waters of this state.

4. All commercial fishing operations shall be done under the supervision of a game warden or other regular employee of the Department.

5. No commercial fishermen may possess, have in their possession at their places of business or transport any species of game fish or any striped bass hybrid.

6. All licensees shall send to the Department a true monthly and annual summary of all fish captured and captured and returned to the waters of the state.

7. Any other regulations the Commission decides by resolution.

B. Any equipment used in violation of this section may be confiscated and disposed of according to the law.

C. Any person convicted of violating the provisions of this section shall be punished by a fine not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment. Any conviction of violating the provisions of this section shall prevent licensee from obtaining for a period of one (1) year any subsequent commercial fishing or helper's license or a commercial fishing contract. Conviction of violating any of the provisions of this section shall require mandatory forfeiture of any nets, traps, seines, or similar devices used during said prohibited act. Any such items forfeited shall become the property of the Department to be used as deemed necessary in the research and management of the fishery resources of this state.

Laws 1974, c. 17, § 6-201, emerg. eff. April 8, 1974; Laws 1986, c. 57, § 1, eff. Nov. 1, 1986; Laws 1991, c. 182, § 40, eff. Sept. 1, 1991.