(1) It shall be unlawful for any person to fish or take fish from any fish farm except with the consent of the owner thereof. Any person possessing fishing tackle on the premises of a fish farm shall be rebuttably presumed to be fishing. All fishing tackle, apparatus, and vehicles used in the violation of this section shall be confiscated by the arresting officer. If the confiscated property is determined by a court of law to have been used in the violation of this section, the confiscated property shall be sold at public auction by the county sheriff of the county wherein the violation occurred. The proceeds of the sale shall be deposited in the county general fund, provided that the auction may be stayed by an appropriate court order.
(2) Any person convicted of violating this section shall be deemed guilty of a misdemeanor and fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and imprisoned for not less than ninety (90) days nor more than six (6) months for the first offense, and for subsequent offenses fined not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) and imprisoned for not less than six (6) months nor more than one (1) year.