§187A-6  Specialactivity permits.  (a)  Notwithstandingthe provisions of any other law, the department may take aquatic life orpossess or use any fishing gear for scientific, educational, management, orpropagation purposes, for removal of aquatic species, or forimplementing the powers and duties as described by section 187A-2; subject to chapter 195D.  The department shall consider using chemicals or electrofishing devicesonly when it has determined that no other reasonable alternative would be appropriate. The application of chemicals or operation of electrofishing devices shall be inaccordance with established procedures and with the proper training to ensurethat the intended results are achieved.

(b)  Notwithstanding the provisions of anyother law, the department may issue permits, not longer than one year induration, to any person to take aquatic life, possess or use fishing gear, orengage in any feeding, watching, or other such non-consumptive activity relatedto aquatic resources, otherwise prohibited by law, in any part of the State,for scientific, educational, management, or propagation purposes, subject tochapter 195D and subject to those restrictions the department deems desirable. The department may revoke any permit for any infraction of the terms andconditions of the permit.  Any person whose permit has been revoked shall notbe eligible to apply for another permit until the expiration of one year fromthe date of revocation.

(c)  The department may adopt rules pursuant tochapter 91 for the purpose of this section.

(d)  For the purposes of this section, unlessthe context clearly indicates otherwise:

"Fishinggear" means any device, including the use of any chemical or electricitythat is either designed to take aquatic life or could be used to take aquaticlife. [L 1985, c 94, pt of §1; am L 1991, c 160, §3; am L 1992, c 96,§1; am L 2002, c 96, §1]