Section 34. Whoever, between March fifteenth and the following June fifteenth, catches or takes any smelt from the waters of the commonwealth, or whoever buys, receives, sells or offers or exposes for sale, transports or has in his possession a smelt so taken, shall for a first offence be punished by a fine of one dollar for every such smelt or by imprisonment for not more than six months and for a subsequent offence by both said fine and imprisonment. Any wholesale or retail dealer who sells, offers or exposes for sale or has in his possession any smelt between the said dates must have in his possession a tag or bill of lading or other paper showing that such smelt was taken from waters outside the commonwealth, and the possession of a smelt between said dates by a person other than a wholesale or retail dealer holding such a certificate shall be prima facie evidence of violation of this section.
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