§197-3  Introduction of aquatic life and
wildlife.  (a)  No species of aquatic life and wildlife shall be
deliberately introduced by the department under this chapter into any habitat
within the State, whether the introduction is from without the State into the
State or from one area in the State into another area in the State unless the
introduction is recommended by the department and authorized by rules of the
department pursuant to chapter 91.



(b)  The department, in determining whether to
recommend the deliberate introduction of aquatic life and wildlife, shall make
the following findings:



(1)  The factors which limit the distribution and
abundance of the species in its native habitat have been studied and its
probable dispersal pattern appraised;



(2)  Whether in the area where the species is proposed
to be introduced there is or had been stock of a desirable, ecologically
comparable indigenous species which can be increased or rehabilitated by
reintroduction or by encouraging extension of its range;



(3)  Whether the species proposed to be introduced
would threaten the existence and stability of any indigenous species as
predator; competitor for food, cover, or breeding sites; or in any other way
arising from its characteristics and ecological requirements;



(4)  The availability of socially acceptable methods
of eliminating the species or keeping it under control in the area where it is
proposed to be introduced and in adjoining areas;



(5)  The extent to which the species will enhance the
economic and aesthetic values of the area where it is proposed to be
introduced;



(6)  That the individuals to be introduced are free of
communicable diseases and parasites and that there is no reason to believe that
any communicable disease or parasite constitutes an important factor in the
control of population; and



(7)  That there is no foreseeable risk of conflict on
account of the introduction with land use policies in the area where a species
is proposed to be introduced or in adjoining areas to which the species might
spread.



(c)  Before any species of aquatic life or
wildlife is introduced, under this chapter, into a habitat, the suitability of
the introduction shall be tested, if there is available an experimental area
which can be fully controlled with a habitat typical of the area where the
species is proposed to be introduced.



(d)  When a species of aquatic life or wildlife
is deliberately introduced into a habitat under this section, and until the
species becomes established there on a stable basis, the department shall
conduct studies of the introduced species in its new habitat, including studies
of its rate of spread and impact on the habitat.



(e)  Any person who violates this section or
any rule adopted pursuant to this section shall be subject to the penalties
provided in section 197-5. [L 1985, c 74, pt of §1]