Unlawful recreational fishing in the first degree — Penalty.
(1) A person is guilty of unlawful recreational fishing in the first degree if:
(a) The person takes, possesses, or retains two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the director or commission setting the amount of food fish, game fish, or shellfish that can be taken, possessed, or retained for noncommercial use;
(b) The person fishes in a fishway;
(c) The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish or shellfish in state waters, or possesses fish or shellfish taken by such means, unless such means are authorized by express department rule;
(d) The person fishes for or possesses a fish listed as threatened or endangered in 50 C.F.R. Sec. 223.102 (2006) or Sec. 224.101 (2010), unless fishing for or possession of such fish is specifically allowed under federal or state law;
(e) The person possesses a sturgeon measuring in excess of the maximum size limit as established by rules adopted by the department; or
(f) The person possesses a salmon or steelhead during a season closed for that species.
(2) Unlawful recreational fishing in the first degree is a gross misdemeanor.
[2012 c 176 § 22; 2009 c 333 § 17; 2005 c 406 § 3; 2001 c 253 § 38; 1998 c 190 § 19.]