Heard someone arguing over this recently, Food for thought about maine laws. According to this one maine law and statute smelts are illegal as bait since in their goal to exclude them from other Bait fish they aren't defined in 10001 subsection 6. You might have thought that was just a list for baitfish wholesalers but eels are on the list and that takes a whole separate license to harvest you decide here you go.
From
http://janus.state.me.us/legis/statutes/12/title12sec12553.htmland
http://janus.state.me.us/legis/statutes/12/title12sec10001.html§12553. Selling, using or possessing baitfish
1. Selling, using or possessing unlawful baitfish.[2003, c. 614, §9 (aff); c. 655, Pt. B, §262 (rp); §422 (aff).]
1-A. Unlawfully selling, using or possessing baitfish. Except as provided in this subsection and for baitfish as defined in section 10001, subsection 6, a person may not:
A. Sell or offer for sale fish as bait for the purpose of fishing; or [2003, c. 655, Pt. B, §263 (new); §422 (aff).]
B. Use or possess fish as bait for the purpose of fishing. [2003, c. 655, Pt. B, §263 (new); §422 (aff).]
§10001. Definitions
6. Baitfish. "Baitfish" means only those species in the following list:
A. Lake chub, (Couesius plumbeus); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
B. Eastern silvery minnow, (Hybognathus regius); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
C. Golden shiner, (Notemigonus crysoleucas); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
D. Emerald shiner, (Notropis atherinoides); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
E. Bridle shiner, (Notropis bifrenatus); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
F. Common shiner, (Luxilus cornutus); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
G. Blacknose shiner, (Notropis heterolepis); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
H. Spottail shiner, (Notropis hudsonius); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
I. Northern redbelly dace, (Phoxinus eos); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
J. Finescale dace, (Phoxinus neogaeus); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
K. Fathead minnow, (Pimephales promelas); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
L. Blacknose dace, (Rhinichthys atratulus); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
M. Longnose dace, (Rhinichthys cataractae); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
N. Creek chub, (Semotilus atromaculatus); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
O. Fallfish, (Semotilus corporalis); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
P. Pearl dace, (Margariscus margarita); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
Q. Banded killifish, (Fundulus diaphanus); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
R. Mummichog, (Fundulus heteroclitus); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
S. Longnose sucker, (Catostomus catostomus); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
T. White sucker, (Catostomus commersoni); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
U. Creek chubsucker, (Erimyzon oblongus); [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
V. American eel, (Anquilla rostrata); and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
W. Blackchin shiner, (Notropis heterodon). [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
