Section 12161 - Taking of certain nonmarine invertebrates from the wild for commercial purposes1. Prohibition; penalties. Except as provided in this section, a person may not take and possess certain nonmarine invertebrates, specifically freshwater mussels, butterflies, moths, dragonflies or beetles, from the wild for export, sale or commercial purposes. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2011, c. 253, §24(NEW).]B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [2011, c. 253, §24(NEW).] [2011, c. 253, §24(NEW).]
2.Commercial nonmarine invertebrate permit. Persons harvesting freshwater mussels, butterflies, moths, dragonflies or beetles for export, sale or commercial purposes are required to obtain a permit from the commissioner. The fee for a permit issued under this subsection is $27. The permit expires one year from the date of issuance. [2017, c. 205, §24(AMD).]
3.Rules. The commissioner may by rule:A. Require reporting of commercial harvest activities, including at a minimum dates, locations and numbers collected by species; [2011, c. 253, §24(NEW).]B. Establish daily and season possession limits; and [2017, c. 205, §25(AMD).]C. [2017, c. 205, §26(RP).]D. Require humane harvest, confinement and disposal methods. [2011, c. 253, §24(NEW).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[2017, c. 205, §§25, 26(AMD).]
Amended by 2017, c. 205,§ 24 to § 26, eff. 11/1/2017.Added by 2011, c. 253,§ 24, eff. 6/8/2011.