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Michigan Compiled Laws Complete Through PA 29 of 2013
House: Adjourned until Thursday, May 23, 2013 12:00:00 PM
Senate: Adjourned until Thursday, May 23, 2013 10:00:00 AM

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Section 324.73110

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994


324.73110 Violation as misdemeanor; penalties.

Sec. 73110.

(1) Except as provided in subsection (2), a person who violates this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both.

(2) A person convicted of a second or subsequent violation of this part occurring within 3 years of a previous violation of this part shall be punished by imprisonment for not more than 90 days or a fine of not less than $250.00 or more than $1,000.00, or both. In addition, the court shall order the person's license revoked if the person is licensed to hunt, fish, or trap in this state, and shall order the person not to seek or possess a license for the remainder of the calendar year in which the person is convicted and during at least 1 succeeding calendar year. This subsection does not apply after September 30, 2001.

(3) This subsection applies beginning October 1, 2001. A person convicted of a second or subsequent violation of this part occurring within 3 years of a previous violation of this part shall be punished by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both. In addition, the court may order the person's license revoked if the person is licensed to hunt, fish, or trap in this state, and may order the person not to seek or possess a license for not more than 3 succeeding calendar years.

(4) The court may order a person convicted of violating this part to pay the costs of prosecution.

(5) The following may be seized and forfeited in the same manner as provided in chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709:

(a) A protected animal, a fur-bearing animal, game, or fish taken while committing any violation of this part.

(b) Property in the possession of the defendant while committing a second or subsequent violation of this part occurring within 3 years of a previous violation of this part. This subdivision does not apply to either of the following:

(i) Electronic hunting-dog-retrieval equipment.

(ii) A living or dead animal of any kind not described in subdivision (a).

(6) The court shall order a person convicted of violating this part to make restitution for any damage arising out of the violation, including, but not limited to, reimbursing this state for the value of any protected animal, fur-bearing animal, game, or fish taken while violating this part as provided in section 40119. However, the value of fish shall be determined as provided in section 48740.


History: Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 1998, Act 546, Eff. Mar. 23, 1999
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Recreational Trespass Act


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