(1) It shall be unlawful for any person to import into the state or release to the wild any live fish, mollusk, reptile, crustacean, or amphibian including the viable gametes, eggs or sperm, except those which are approved by rules and regulations of the commission. It shall be unlawful to commercially exploit or export from the state any dead or live fish, mollusk, reptile, crustacean, or amphibian taken from the wild except those which are exempted by rules and regulations of the commission. Any person violating this subsection shall be guilty of a Class IV misdemeanor.
(2) The commission shall adopt and promulgate rules and regulations to carry out subsection
(1) of this section. In adopting such rules and regulations, the commission shall be governed by the Administrative Procedure Act. Such rules and regulations shall include a listing of the species of fish, mollusks, reptiles, crustaceans, or amphibians which may be imported into the state and fish, mollusks, reptiles, crustaceans, or amphibians taken from the wild which may be commercially exploited or exported from the state. The rules and regulations may be amended, modified, or repealed from time to time, based upon investigation and available, reliable data.
(3) The commission may determine that a fish, mollusk, reptile, crustacean, or amphibian causes economic or ecologic harm by utilizing available scientific, commercial, and other data after consultation, as appropriate, with federal agencies, other interested state and county agencies, and interested persons and organizations.
(4) The commission shall, upon its own recommendation or upon the petition of any person who presents to the commission substantial evidence that such additional species will not cause ecologic or economic harm, conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to subsection
(2) of this section.