(1) This section applies to a person using fishing apparatus for taking fish.
(2) The person must not allow a part of the apparatus containing a fish to be out of the water other than to immediately remove the fish from the apparatus.
(3) Subsection (4) applies if the person does not intend to keep a fish the person has taken, including, for example, because the person has taken the fish unlawfully or unintentionally.
(4) The person must immediately release the fish into water deep enough to allow the fish to escape.
(5) Subsections (2) and (4) do not apply if the person has a reasonable excuse.