Court of Appeals for the First Circuit April 10, 1985, 84-1699 (United States v. Robert J. Taylor)

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MALETZ, Senior Judge.

A Maine statute provides: “A person is guilty of importing live bait if he imports into this state any live fish, including smelts, which are commonly used for bait fishing in inland waters.” Me.Rev.Stat. Ann. tit. 12, § 7613 (1981). The question presented is whether this statute violates the Commerce Clause, art. I, § 8, cl. 3, of the United States Constitution.