(A) A trotline, trap, eel pot, gill net, and hoop net must be marked with a white floating marker not less than a capacity of one quart and not more than a capacity of one gallon and must be made of solid, buoyant material that does not sink if punctured or cracked. A floating marker must be constructed of plastic, PVC spongex, plastic foam, or cork. A hollow buoy or float, including plastic, metal, or glass bottles or jugs, must not be used, except that a manufactured buoy or float specifically designed for use with nongame fishing devices may be hollow if constructed of heavy duty plastic material and approved by the department. The owner's name and department customer identification number must be legible on each of the white floating markers. Both commercial and recreational fishermen shall comply with provisions of this title pertaining to the marking and use of a nongame fishing device. A trotline must be marked on both ends. A commercial trotline must be marked at intervals of every fifty hooks. A commercial trotline which uses fifty or fewer hooks must be marked at intervals of twenty-five hooks. A recreational trotline must be marked at intervals of every twenty-five hooks. Each interval float must be "International Orange" in color.
(B) A tag issued for a nongame device must be attached to the device at all times. A permit and tag receipt must be kept on the person to whom issued while possessing or using a nongame fishing device.
(C) Each set hook must have an identification tag attached to it bearing the owner's name and department customer identification number.
(D) A device or part of it improperly marked, tagged, or identified is in violation and is contraband.
(E) A violation of this section is a misdemeanor and, upon conviction, is punishable as prescribed in this chapter.
HISTORY: 1988 Act No. 477, Section 2; 1992 Act No. 316, Section 1; 1993 Act No. 181, Section 1263; 1976 Code Section 50-13-1116; 2012 Act No. 114, Section 4, eff July 1, 2012; 2013 Act No. 6, Section 8, eff March 22, 2013.
Editor's Note
Prior Laws: Former Section 50-13-620 was entitled "Penalties applicable to violations in Game Zone No. 1" and was derived from 1962 Code Section 28-615; 1952 Code Section 28-615; 1942 Code Section 1789-9; 1938 (40) 1657; 1952 (47) 2179; 1993 Act No. 181, Section 1263; repealed by 2012 Act No. 113, Section 4.
Effect of Amendment
The 2012 amendment renumbered and rewrote the section.
The 2013 amendment rewrote subsection (A).