Section 137-2-03 - Commercially Grown or Imported FishA.Scope These rules shall be applicable only to freshwater fish which have been grown commercially within the State or imported from outside the State as provided in Title 12, M.R.S.A., Section 7201 and Section 7205. Nothing in these rules shall in any way restrict or regulate the harvest, transportation or sale of live smelts, minnows and other unprotected fish commonly used for bait purposes.
B.Identification All live or dead freshwater fish taken from hatcheries, aquaculture operations or private ponds within the State and all live or dead freshwater fish imported from outside the State shall, while being transported, held in storage or offered for sale, be identified with the name and address of the original source in one of the following manners:
1. Each fish shall bear a tag or seal which shall identify the source; or2. Each package, bag, box or container of fish shall be marked in such a manner as to identify the source; or3. Each display case or tank containing fish for resale shall be marked with a sign which shall identify the source. All fish shall bear identification as described above from the time they leave the original source until they reach their ultimate destination.
C.Certain Permits Required1. All live freshwater fish imported into the State shall, while in transit, be accompanied by an importation permit from the Commissioner as described in Title 12, M.R.S.A., Section 7202. a.Tropical Fish Exception. Pursuant to Title 12 M.R.S.A, §7377, Sub-§5-A , acceptable species of tropical fish that may be imported without an importation permit shall be designated by the Commissioner, a list of which shall be maintained and made available by the Department. The acceptability of any tropical fish to be imported or possessed shall be based on an informed determination by the Commissioner that the species will not unreasonably threaten indigenous aquatic species or habitats if accidentally or intentionally released into the waters of the State.2. All live freshwater fish taken from hatcheries, aquaculture operations or private ponds within the State or imported from outside the State shall, while in transit, be accompanied by an invoice or other documentation describing the species involved, the number of fish involved and the destination of the fish.3. All live freshwater fish which are to be introduced into either public or private waters of this State shall, while in transit, be accompanied by the appropriate written permit from the Commissioner as described in Title 12, M.R.S.A., Section 7203 (inland waters) and Section 7204 (private waters)09- 137 C.M.R. ch. 2, § 03