1. The department may, by regulation designating the waters in which such use is not permitted, prohibit the use of minnows or other species of fish as bait in the lakes or ponds and tributaries thereto in which:

a. trout are the predominant protected species of fish and which lakes, ponds or tributaries are not infested with yellow perch; or

b. fish have been eradicated by chemical treatment and in which trout or other game fish have been restocked. The list of the water to which this section shall be applicable shall be published in the fishing guide.

2. No person shall possess any species of fish either dead or alive, in or on waters where the use of fish as bait is prohibited, except species actually present in such waters naturally or by stocking or as permitted by the department by order.