SB-0897, As Passed Senate, March 21, 2012
January 19, 2012, Introduced by Senators BOOHER, JONES, ROBERTSON and GREEN and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 48703 (MCL 324.48703), as amended by 2008 PA
291.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 48703. (1) A person shall not take, catch, or kill or
attempt to take, catch, or kill a fish in the waters of this state
with a grab hook, snag hook, or gaff hook, by the use of a set or
night line or a net or firearm or an explosive substance or
combination of substances that have a tendency to kill or stupefy
fish, or by any other means or device other than a single line or a
single rod and line while held in the hand or under immediate
control, and with a hook or hooks attached, baited with a natural
or artificial bait while being used for still fishing, ice fishing,
casting, or trolling for fish, which is a means of the fish taking
the bait or hook in the mouth. A person shall not use more than 3
single lines or 3 single rods and lines, or a single line and a
single rod and line, and shall not attach more than 6 hooks on all
lines. The department shall have the authority to decrease the
number of rods per angler. However, the department shall not reduce
the number of rods per angler to less than 2. For the purposes of
this part, a hook is a single, double, or treble pointed hook. A
hook, single, double, or treble pointed, attached to a manufactured
artificial bait shall be counted as 1 hook. The department may
designate waters where a treble hook and an artificial bait or lure
having more than 1 single pointed hook shall not be used during the
periods the department designates. In the Great Lakes or recognized
smelt waters, any numbers of hooks, attached to a single line, may
be used for the taking of smelt, alewife, or other bait fish.
(2) A person shall not set or use a tip-up or other similar
device for the purpose of taking fish through the ice unless the
name and address of the person owning the tip-up or other similar
device is marked in legible English on the tip-up or other similar
device or securely fastened to it by a plate or tag.
(3) The department may issue an order to regulate the taking
of
fish with a spear, or bow and arrow, or crossbow in the waters
of this state.
(4) A hand net may be used from March 1 to May 31 for taking
smelt, suckers, mullet, carp, dogfish, and garpike. The department
may designate the waters where the fish may be taken and the time
within the dates when the fish may be taken.
(5) A dip net without sides or walls and not exceeding 9 feet
square may be used in the nontrout rivers and streams and in other
rivers and streams or portions of the rivers and streams designated
by the department from April 1 to May 31 in the Lower Peninsula and
during the month of May in the Upper Peninsula for the purpose of
taking suckers, mullet, smelt, carp, dogfish, and garpike.
(6) A person desiring to fish with a dip net shall first
obtain a permit from the department. A dip net shall not be erected
or fished within 100 feet of a dam. The name and address of the
person setting, using, or having control over the dip net
equipment, including frame, boom, supporting members, and temporary
buildings, shall be plainly marked in legible English on the dip
net equipment or securely fastened to it by a plate or tag. Dip net
equipment
and a temporary building erected and used pursuant to
under this subsection that are located on public land or the land
of
another person shall be removed prior to before June 10 of each
year unless maintained with proper permission of the landowner.
This subsection does not authorize the erection or fishing of a dip
net on the land or premises of another person without proper
permission from the landowner.
(7) A setover net not exceeding 5 feet in diameter may be used
from March 15 to May 15 for the purpose of taking suckers from an
inland lake designated by the department.
(8) A trammel net not exceeding 12 feet in length may be used
from April 1 to May 31 for taking carp, suckers, redhorse, mullet,
dogfish, and other nongame fish in the Tittabawassee river and its
tributaries down from the dam at Sanford, down from the dam at St.
Louis, and down from the dam at Mt. Pleasant, and in the Shiawassee
river and its tributaries down from the dam at Chesaning in Saginaw
county. A person shall not take more than 100 of these fish in 1
day.
(9) A hoop net may be used between the dates of December 15
and February 28 in the river or stream or portion of a river or
stream designated by the department for the taking of burbot
(lawyers).