(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 rule of the commission or director; or

     (d) The person fishes for or possesses a fish listed as threatened or endangered in 50 C.F.R. Sec. 17.11 (2002), unless fishing for or possession of such fish is specifically allowed under federal or state law.

     (2) Unlawful recreational fishing in the first degree is a gross misdemeanor.

[2005 c 406 § 3; 2001 c 253 § 38; 1998 c 190 § 19.]