HOUSE BILL No. 4568

 

 

May 7, 2019, Introduced by Reps. Wendzel, Lilly and O'Malley and referred to the Committee on Natural Resources and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 47309, 47310, 47311, 47312, 47313, 47314,

 

47315, 47316, and 47317 (MCL 324.47309, 324.47310, 324.47311,

 

324.47312, 324.47313, 324.47314, 324.47315, 324.47316, and

 

324.47317), as added by 1995 PA 57.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 47309. A person shall not possess on any boat licensed

 

under this part or use in the waters of Lakes Michigan, Superior,

 

Huron, and Erie, and the bays of those lakes, within the

 

jurisdiction of this state, any pound or trap net, gill net, seine,

 

or any fixed, set, or movable net of any kind or description, the

 

meshes of which are different than the following:

 

     (a) Gill nets with meshes of not less than 4-1/2 inches shall


be used for the taking of whitefish, lake trout, and yellow

 

pickerel. In Lake Erie, the nets shall have meshes not less than 4-

 

3/4 inches. The nets shall be set not nearer than 20 rods from the

 

shore of the mainland fronting Lake Superior and its bays. The nets

 

shall be set not nearer than 20 rods from the shore of the mainland

 

fronting Lake Michigan southerly from Seven Mile point, Emmet

 

county, during the months of March, April, and May. There shall be

 

no nets, except gill nets, of any kind with mesh larger than 2-3/4

 

inches set in the waters of Lake Superior within a radius of 50

 

miles of the village of Houghton, Michigan, during the period

 

between October 10 and November 4, except by permit from the

 

department for the taking of spawn from trout for the fish

 

hatcheries.

 

     (b) Gill nets with meshes of not less than 2-1/2 inches or

 

more than 2-3/4 inches may be set in water of any depth, and gill

 

nets with meshes of not less than 2-1/2 inches or more than 3

 

inches may be set in waters not exceeding 100 feet in depth, for

 

the purpose of taking herring, chubs, perch, and pilot fish,

 

commonly called menominees, wherever and whenever they will not

 

take to exceed 10% by weight of other fish, such percentage to be

 

determined by the department, by inspection of the fish taken in

 

the nets. All uninjured fish, except herring, chubs, perch, and

 

pilot fish, shall be returned to the waters from which they were

 

taken with as little injury as possible, by the persons lifting the

 

nets; all sound, undersized, and dead fish found in the nets are

 

the property of the state, and shall not be sold or disposed of,

 

but shall be dressed and brought in and delivered immediately to


the department at the fishing port of the person taking the fish.

 

The sound, undersized, and dead fish shall be then disposed of by

 

the department. If more than 10% of fish other than herring, chubs,

 

perch, and pilot fish are taken, then all of the other fish shall

 

be disposed of by the department. An angler may have in his or her

 

possession, not to exceed in quantity the percentage allowed of

 

lake trout, whitefish, yellow pickerel, perch, or suckers, of a

 

weight or length less than established by this part, which are

 

caught in 2-1/2 inch to 2-3/4 inch or 2-1/2 inch to 3 inch mesh

 

gill nets, as provided for in this subsection, but the same may be

 

shipped and disposed of only under the direction of the department.

 

All undersized fish taken over under this section shall be disposed

 

of by the department to state, county, or charitable institutions.

 

Parties handling the fish shall be paid not more than 3 cents per

 

pound for boxing, packing, and icing the fish. The department shall

 

remove or cause to be removed any of the nets if, from the

 

inspection provided in this section, the department determines that

 

the nets are taking more fish of species other than herring, chubs,

 

perch, and pilot fish than allowed by this section.

 

     (c) Gill nets with meshes of not less than 2-1/4 inches or

 

more than 2-3/4 inches may be used to take blue back herring in the

 

waters of Lake Superior and Whitefish bay, and those waters of the

 

straits of Mackinac bounded on the Lake Huron end by a line drawn

 

from the southernmost tip of St. Martin point, Mackinac county, to

 

the westernmost tip of Lime Kiln point on Bois Blanc island, thence

 

in a southerly direction to the northernmost tip of Point Au Sable

 

in T 38 N, R 2 W, Cheboygan county, and bounded on the Lake


Michigan end by a line drawn from the southernmost tip of Seul

 

Croix point in Schoolcraft county in an easterly direction to the

 

Lansing shoal lighthouse, thence to the White shoal lighthouse,

 

thence in a southeasterly direction to the westernmost tip of

 

Waugoshance point in Emmet county, and Green bay of Lake Michigan,

 

as defined in section 47311, wherever they will not interfere with

 

or take whitefish or lake trout or any other fish protected under

 

the laws of this state.

 

     (d) The department may issue permits to allow the use of gill

 

nets having meshes not less than 1-1/2 inches or more than 1-3/4

 

inches for taking smelt and alewife for commercial purposes under

 

rules and regulations as the department prescribes.

 

     (e) Gill nets with meshes of not less than 1-1/4 inches or

 

more than 1-3/4 inches may be used to secure bait for use in

 

baiting hook lines, if the nets will not take undersized fish.

 

     (f) Pound nets having meshes not less than 4-1/2 inches in the

 

lifting pot, crib, or pocket and in the heart and tunnel, and

 

having meshes not less than 5 inches in the lead, shall be used for

 

taking whitefish and lake trout. In the pound nets, meshes not more

 

than 3-1/2 inches may be used in 1 side of the pot or in the back,

 

being that part of the pot opposite the tunnel entrance. In fishing

 

with the pound nets, or any other pound nets permitted by this

 

part, the crib or pot and hearts and lead shall extend to or above

 

the surface of the water; the crib or pot and hearts shall be

 

entirely open at the top, the sides or walls of the pot or crib and

 

of the hearts shall be held vertically as near as possible and

 

shall have 5 or more stakes driven into the earth at the bottom of


the lake to hold the net in place. A pound net permitted under this

 

part or any part of the webbing of the net shall not be set in

 

water of a depth greater than 80 feet. Pound nets fished through

 

the ice may be held in place by fastening them to the ice without

 

the use of stakes.

 

     (g) Pound nets having meshes not exceeding 3-1/2 inches in the

 

lifting pot or crib and in the tunnel inside the pot or crib, and

 

having meshes not less than 3-1/2 inches in that part of the tunnel

 

outside of the pot or crib and in the heart and lead, may be used

 

for taking all legal fish except whitefish and lake trout. Saginaw

 

bay shall be considered rough fish grounds, and other similar bays

 

may be designated by the department as rough fish grounds if the

 

catch of whitefish and lake trout taken in pound nets and trap nets

 

during the last 2 preceding years averaged less than 12% of the

 

total catch, on which grounds all legal fish caught in pound nets

 

and trap nets having meshes not exceeding 3-1/2 inches in the

 

lifting pot or crib may be taken and all lake trout and whitefish

 

taken in such nets set in all other waters shall be returned

 

uninjured to the waters. The department may issue permits to allow

 

the use of pound nets having meshes less than 3-1/2 inches in that

 

part of the tunnel outside of the pot or crib and in the heart and

 

lead for the taking of smelt and alewife for commercial purposes,

 

under rules and regulations as the department may prescribe, which

 

may include the waters in which the nets may be fished and the

 

period of time during which they may be used.

 

     (h) Trap nets having meshes not less than 4-1/2 inches in the

 

lifting pot, crib, or pocket and in the heart and tunnel and having


meshes not less than 5 inches in the lead shall be used for taking

 

whitefish and lake trout. In such trap nets, meshes not more than

 

3-1/2 inches may be used in the tunnel inside the pot, in either

 

the front, back, or 1 side of the pot for a distance not exceeding

 

5 feet from the bottom of the net and in that portion of the bottom

 

of the net connected thereto for a distance not exceeding 5 feet,

 

and in the connecting ends for a depth and width not exceeding 5

 

feet, for the purpose of shoaling fish. These trap nets shall not

 

be used in any of the waters under the jurisdiction of this state

 

except in Lakes Huron and Erie and then only in such a manner that

 

no trap net or any part of the webbing of the net is set in water

 

of a depth greater than 80 feet. Trap nets having meshes as

 

described in this subsection and with no part of the lifting pot or

 

crib over 15 feet in depth may be used to take whitefish and lake

 

trout in Lakes Superior and Michigan in water of a depth not

 

greater than 80 feet.

 

     (i) Trap nets having meshes not exceeding 3-1/2 inches in the

 

lifting pot or crib and in the tunnel inside the pot or crib and

 

having meshes not less than 3-1/2 inches in that part of the tunnel

 

outside of the pot or crib and in the heart and lead may be used

 

for taking all legal fish except whitefish and lake trout. The

 

depth of no part of the lifting pot or crib shall be greater than

 

15 feet. No such trap nets and no part of the webbing of the net

 

shall be set in water of a depth greater than 50 feet in Lakes

 

Michigan and Superior, or in water of a depth greater than 80 feet

 

in Lakes Huron and Erie. The department may issue permits to allow

 

the use of trap nets having meshes less than 3-1/2 inches in that


part of the tunnel outside the pot or crib and in the heart and

 

lead for the taking of smelt and alewife for commercial purposes,

 

under rules and regulations as the department may prescribe, which

 

may include the waters in which such nets may be fished and the

 

period of time during which they may be used. Trap nets having a

 

lifting pot or crib not exceeding 4 feet in depth may have webbing

 

less than 3-1/2 inches in the 2 sides of inner heart.

 

     (j) Any pound net or trap net with meshes in the lifting pot

 

or crib between 3-1/2 and 4-1/2 inches, or any lifting pot or crib

 

of such nets with meshes between 3-1/2 and 4-1/2 inches, is illegal

 

and shall be seized and confiscated when found in use. Hoop nets,

 

fyke nets, drop nets, and gobbler nets are considered under this

 

part to be trap nets.

 

     (k) Seines having wings with meshes of not less than 4 inches,

 

and the pocket or bag, the bag of which shall be not more than 1/4

 

the length of the seine, having meshes of not less than 2-1/4

 

inches, may be used to take carp, yellow pickerel, perch, herring,

 

and other rough fish if they do not interfere with or take

 

whitefish or lake trout. All seines in use or set along the shores

 

of the waters listed in section 47301, when unattended, shall have

 

a metal tag securely attached to the seine bearing the commercial

 

fishing license number of the owner or user of the seine. Minnow

 

seines not to exceed 80 feet in length and 8 feet in width may be

 

used in the Great Lakes and connecting waters.

 

     (l) The measurement of the mesh of all nets and seines as

 

prescribed in this section shall be by extension measure. The size

 

of the mesh of all nets or netting used in fishing as provided by


this part shall be determined by extension measure, and the

 

measurement shall be made of meshes irrespective of where the net

 

or netting is found, whether in the water, on boat, on reel, on

 

dock, or in any other place on land. Extension measure means the

 

distance between the extreme angles of any single mesh, and the

 

measurements shall be taken between and inside the knots. All

 

measurements of the mesh in gill nets or gill netting shall be made

 

with a flexible steel gauge constructed and used as prescribed in

 

this section. All measurements of the mesh of gill nets or gill

 

netting shall be made by inserting in the mesh parallel with the

 

selvage a gauge made of spring steel free from rust, of a length

 

equal to the number of inches prescribed in this section for the

 

mesh measured. The ends of the gauge shall be free of sharp edges

 

or burrs. The gauge shall not be graduated, and any necessary

 

markings shall be placed near the ends of the gauge. The length of

 

the gauge measured parallel with the long edge shall not at any

 

point exceed or be less than the prescribed length by more than

 

2/1000 of an inch. Its width at any point shall not exceed 9/16 of

 

an inch or be less than 7/16 of an inch. Its thickness shall be

 

such that when it is set vertically on a solid anvil with its upper

 

end loaded with a dead weight between 7-1/2 and 8-1/2 ounces, the

 

gauge shall deflect at its middle 1/10 of its length. The meshes to

 

be gauged shall be at least 3 meshes removed from the selvage or

 

side lines and shall not be stretched or manipulated in any way

 

prior to or after the insertion of the gauge, and the same mesh

 

shall not be gauged more than once. In gauging a mesh, the flexible

 

gauge shall be held only by the ends and bent between thumb and


forefinger, the bent rule shall then be inserted in the mesh

 

parallel with the selvage and with the collapsed mesh, and finger

 

pressure shall be released immediately, not gradually. If the gauge

 

does not straighten out completely under its own tension within 2

 

seconds after its release in the mesh without slipping a knot or

 

breaking the twine, the mesh is unlawful, and if the majority of 10

 

or more meshes selected at random by the enforcement officer from

 

any part or parts of the gill net or from the entire gill net or

 

from any gill netting being gauged are found to be unlawful, the

 

gill net or gill netting if found in use or in or upon any licensed

 

commercial fishing boat shall be seized and confiscated. If found

 

in possession but not in use, any such gill net or gill netting

 

shall be sealed by the enforcement officer with a suitable seal

 

provided by the department and, when once sealed and for so long as

 

the seal remains intact on the net or netting, may be possessed by

 

the owner until disposed of or destroyed by the owner as provided

 

in this section. The gill net or gill netting shall not be disposed

 

of or destroyed except under direction of a conservation officer

 

and, until that time, shall be available for inspection by the

 

department or any conservation officer. Any person who, without

 

authority from the department, breaks or destroys a seal attached

 

to a gill net or gill netting, or any person who refuses or

 

neglects to produce for inspection any sealed gill net or gill

 

netting, or who disposes of or destroys a sealed gill net or gill

 

netting except under the direction of a conservation officer, is

 

guilty of a misdemeanor and upon conviction is subject to the

 

penalty provided for in section 47327. A person shall not use any


gill net of a greater measurement than 11 feet in depth in any of

 

the waters of the Great Lakes and the bays of the Great Lakes. In

 

Lake Erie, a gill net shall not be over 36 meshes deep. A trawl of

 

any kind shall not be licensed.

 

     (m) Gill nets having meshes not less than 8 inches may be used

 

for taking carp in Wildfowl bay in Huron county.

 

     (1) A person licensed under this part shall not have

 

abandoned, unattended, unreported lost, or unreported vandalized

 

gear in the waters of the Great Lakes.

 

     (2) A peace officer shall seize all abandoned, unattended,

 

unreported lost, or unreported vandalized gear and that gear is

 

forfeited unless reported under subsection (3).

 

     (3) Licensed commercial fishers that determine that their gear

 

has been vandalized or lost shall immediately notify the department

 

in a manner set forth by the department. If the licensed commercial

 

fisher has notified the department that gear has been vandalized or

 

lost, upon its being located, the licensed commercial fisher has no

 

more than 7 days to retrieve the gear before seizure.

 

     (4) A licensed commercial fisher that is convicted of having

 

abandoned, unattended, unreported lost, or unreported vandalized

 

gear shall reimburse the state for the value of the dead fish found

 

in that gear in accordance with and at levels established by this

 

part. In addition, the department shall reduce the amount of gear

 

that a licensed commercial fisher is allowed to use by the amount

 

of abandoned, unattended, unreported lost, or unreported vandalized

 

gear.

 

     (5) A licensed commercial fisher that is convicted of having


abandoned, unattended, unreported lost, or unreported vandalized

 

gear shall reimburse the state for the cost incurred by the

 

department for gear removal as determined by the court.

 

     Sec. 47310. (1) Except as provided in subsections (2) and (3),

 

within the jurisdiction of this state the holder of a license or

 

permit issued under this part shall not take, catch, or attempt to

 

take or catch any fish with a gill net, pound net, or trap net in

 

Lake Erie and the connecting waters of Lake Erie and Lake Huron, or

 

in the portions of Lake Michigan and Lake Huron located south of a

 

line extending due east and west of the forty-fifth parallel of

 

latitude, or in the rivers and streams which connect with any of

 

the bodies of water described in this subsection from April 15 to

 

September 15.

 

     (2) Subsection (1) does not apply to a license or permit

 

holder who prior to September 15, 1984 holds a license or permit

 

issued under this part to take, catch, or attempt to take or catch

 

any fish with a gill net, pound net, or trap net in those waters

 

described in subsection (1). Fishing licenses described in this

 

subsection are not transferable without the permission of the

 

department.

 

     (3) The department may issue a license or permit that

 

authorizes the holder of the license or permit to take, catch, or

 

attempt to take or catch coregonus, commonly known as chubs, with a

 

gill net, pound net, or trap net as follows:

 

     (a) Except as provided in subdivision (b), in those waters

 

described in subsection (1) that exceed 240 feet in depth.

 

     (b) In those waters of Lake Michigan located south of a line


extending due west of the south pier of Grand Haven harbor that

 

exceed 180 feet in depth.

 

     (4) This section does not apply after December 31, 1986.

 

     (1) The following fish species are authorized for commercial

 

take:

 

     (a) Lake whitefish (Coregonus clupeaformis) may be taken from

 

the waters of the Great Lakes open to commercial fishing.

 

     (b) Round whitefish (Prosopium cylindraceum) may be taken from

 

the waters of the Great Lakes open to commercial fishing.

 

     (c) Bloater chubs (Coregonus hoyi) may be taken from the

 

waters of the Great Lakes open to commercial fishing.

 

     (d) Rainbow smelt (Osmerus mordax) may be taken from the

 

waters of the Great Lakes open to commercial fishing.

 

     (e) Species of the family Catostomidae, including quillback

 

(Carpiodes cyprinus), white sucker (Catostomus commersonii),

 

longnose sucker (Catostomus catostomus), northern hogsucker

 

(Hypentelium nigricans), silver redhorse (Moxostoma anisurum),

 

black redhorse (Moxostoma duquesnei), golden redhorse (Moxostoma

 

erythrurum), shorthead redhorse (Moxostoma macrolepidotum), greater

 

redhorse (Moxostoma valenciennesi), bigmouth buffalo (Ictiobus

 

cyprinellus), and black buffalo (Ictiobus niger), may be taken from

 

the waters of the Great Lakes open to commercial fishing.

 

     (f) Freshwater drum (Aplodinotus grunniens) may be taken from

 

the waters of the Great Lakes open to commercial fishing.

 

     (g) Burbot (Lota lota) may be taken from the waters of the

 

Great Lakes open to commercial fishing.

 

     (h) Gizzard shad (Dorosoma cepedianum) may be taken from the


waters of the Great Lakes open to commercial fishing.

 

     (i) Common carp (Cyprinus carpio) may be taken from the waters

 

of the Great Lakes open to commercial fishing.

 

     (j) Catfishes of the family Ictaluridae, including black

 

bullhead (Ameiurus melas), yellow bullhead (Ameiurus natalis),

 

brown bullhead (Ameiurus nebulosus), channel catfish (Ictalurus

 

punctatus), and flathead catfish (Pylodictis olivaris), may be

 

taken from the waters of the Great Lakes open to commercial

 

fishing.

 

     (k) White perch (Morone americana) may be taken from the

 

waters of the Great Lakes open to commercial fishing.

 

     (l) White bass (Morone chrysops) may be taken from the waters

 

of the Great Lakes open to commercial fishing.

 

     (m) Black crappie (Pomoxis nigromaculatus) and white crappie

 

(Pomoxis annularis) may be taken from the waters of the Great Lakes

 

open to commercial fishing.

 

     (n) Rock bass (Ambloplites rupestris) may be taken from the

 

waters of the Great Lakes open to commercial fishing.

 

     (2) The director may designate additional species for

 

commercial take, except that game fish may not be designated for

 

commercial take.

 

     (3) The director may establish the kind and amount of fish,

 

referred to as harvest quotas, that may be taken from areas of the

 

Great Lakes open to commercial fishing. The department shall

 

specify harvest quotas by license condition at the time the license

 

is issued. The licensee shall keep track of its harvest and

 

immediately cease fishing upon reaching its assigned harvest quota.


Exceeding a harvest quota established by the director, whether

 

intentional of not, is a violation of this part.

 

     (4) Except for game fish, the director may establish a bycatch

 

allowance for species that are not specifically designated for

 

commercial harvest or are otherwise closed in various waters of the

 

state. A person that exceeds the bycatch allowance is subject to

 

the following:

 

     (a) A person that exceeds any bycatch allowance by 5 round

 

pounds or less over the established limit is subject to a civil

 

infraction punishable by a fine of at least $100.00 for the first

 

offense and at least $200.00 for a second offense in a license

 

year. The entire bycatch for that species on the day that the

 

violation occurred is subject to confiscation by the department.

 

     (b) A person that exceeds any bycatch allowance by over 5

 

round pounds over the established limit, or any person that exceeds

 

the bycatch allowance for a third or subsequent time within a

 

license year, is guilty of a misdemeanor punishable as provided in

 

this part. The entire bycatch for that species on the day that the

 

violation occurred is subject to confiscation by the department.

 

Additionally, the license of any person found guilty under this

 

subdivision must be suspended for 30 days, and this suspension must

 

be served between April 15 and October 31 within 1 year after

 

conviction. Any person whose license has been suspended shall not

 

have any gear in the water during that suspension whether that gear

 

has been rendered unfishable or not.

 

     (5) The director may issue orders establishing closed seasons

 

for any commercial fish species. In every case, the season must


open and close at 12 noon on the dates established by the director.

 

All harvested fish must be landed at port by no later than 2 p.m.

 

on the date the season closes.

 

     (6) All live fish on which the season is closed or is not

 

authorized for harvest must be returned to the water at once with

 

as little injury as possible by the person taking the fish. Any

 

dead fish, on which the season is closed or is not authorized for

 

harvest, must be returned to the water at once by the person or

 

persons taking the fish or disposed of in accordance with any

 

specific instructions provided by the director.

 

     (7) A person shall not set any commercially licensed gear for

 

the taking of fish before 12 noon on the first day of the open

 

season for taking the fish.

 

     (8) The taking of game fish is prohibited under this part. A

 

person shall not sell, offer for sale, or possess at any time fish

 

not listed in subsection (1) when the fish was taken under a

 

commercial fishing license issued by the state. Any such fish,

 

whether dead or alive, must at once be returned to the waters from

 

which it was taken by the person or persons taking the fish with as

 

little injury as possible or be disposed of in accordance with any

 

specific instructions provided by the director.

 

     (9) A licensed commercial fisher or any member of the crew or

 

any other person shall not have in possession any game fish or any

 

sport angling equipment when aboard a licensed commercial vessel.

 

     (10) Not less than every 3 years, the department shall conduct

 

a bycatch study in at least 3 active commercial fisheries to

 

determine the amount and kind of fish taken as bycatch through


commercial harvest and shall use that information to adjust harvest

 

quotas, allowable gear, and other license conditions.

 

     Sec. 47311. (1) A person shall not take from any of the waters

 

listed in section 47301 any of the following:

 

     (a) Lake trout, in Lake Huron and Lake Michigan from October 1

 

to December 10; in Lake Superior from October 5 to November 4.

 

     (b) Whitefish, in Lake Huron and Lake Michigan from October 1

 

to December 10; in Lake Superior from November 1 to November 26.

 

     (c) Pike-perch (yellow pickerel), northern pike, from April 1

 

to May 20. In Saginaw bay, as defined in section 47339, a person

 

shall not take pike-perch from March 5 to April 10. A person may

 

spear pike-perch through the ice during the closed season in Lake

 

Huron and the connecting waters of the Great Lakes for

 

noncommercial use only.

 

     (d) Perch, from April 15 to May 20. In the waters of Lake

 

Michigan only, a person may take perch from April 25 to June 1. In

 

Saginaw bay, perch of legal size may be taken at any time. A person

 

may take perch with hook and line at any time.

 

     (e) White bass, in Lake Michigan at any time of the year. A

 

person may take white bass with hook and line at any time.

 

     (f) Suckers, from April 15 to May 20. In Saginaw bay, suckers

 

may be taken at any time. A person may take suckers with hook and

 

line at any time.

 

     (g) Black crappie, also known as calico bass, in Lake Huron

 

from June 1 to August 25. In Lake Erie, Lake Michigan, and Lake

 

Superior, black crappie may not be taken at any time.

 

     (2) In the waters of Green bay of Lake Michigan within the


jurisdiction of this state, which for the purpose of this part are

 

those waters lying inside a line drawn from the most southerly part

 

of Point Detour to the most easterly points of Sumner and Poverty

 

islands, thence due south to the Michigan-Wisconsin boundary line,

 

thence along the boundary line to the shore, a person shall not

 

from April 15 to May 20 set, place, or use any gill net having

 

meshes less than 4-1/2 inches. The department may issue permits

 

under such rules and regulations as prescribed by the department to

 

allow the use of gill nets having meshes not less than 2-1/4 inches

 

or more than 2-3/4 inches for taking herring from the waters of

 

Green bay from April 15 to May 20, if the nets will not interfere

 

with or take any other species of fish. The closed seasons

 

established by this section do not apply to Lake Erie and the lower

 

Detroit river, where nets shall not be set and fish of any kind

 

shall not be taken with nets from January 1 to March 10. A person

 

may take carp with seines at any time from these waters.

 

     (3) In every case, the season shall open and close at 12 noon

 

on the dates named in this section.

 

     (4) All live fish on which the season is closed shall be

 

liberated and returned to the water with as little injury as

 

possible, and any sound, dead fish, on which the season is closed,

 

shall be dressed, brought ashore, and delivered immediately to the

 

department at the department's fishing port, which fish shall be

 

disposed of in the same manner as provided for the disposition of

 

undersized fish in section 47309.

 

     (5) A person shall not set nets or hooks for the taking of

 

lake trout or whitefish before the first day of the open season for


taking the fish, and the license of any person shall be immediately

 

revoked upon conviction of unlawfully setting nets before the first

 

day of the open season as provided in this part, and revocation

 

shall prohibit the use of boat and gear by that person during the

 

balance of the year for which a license was issued. A person

 

engaged in the taking of fish for commercial purposes from May 15

 

to September 15 under this part shall carry sufficient ice and

 

properly chill the fish at the time and place of their removal from

 

the waters.

 

     (1) The director may establish minimum length and weight

 

requirements for all commercial fish species listed in section

 

47310(1) taken under a commercial fishing license issued under this

 

part. A person shall not take, sell, possess, transport, or offer

 

for sale at any time any fish species of a size or weight

 

prohibited by the director. The director may establish an allowable

 

possession limit for certain undersized commercial fish species.

 

Any undersized commercial fish species allowed to be possessed

 

under this subsection must be for personal use only and must not be

 

sold or bartered. A person that retains more than twice the amount

 

of the allowable possession limit for undersized commercial fish

 

species under this subsection is guilty of a misdemeanor punishable

 

as provided in section 47327. A person that retains more than the

 

allowable possession limit for an undersized commercial fish

 

species but less than twice the allowable possession limit is

 

responsible for a state civil infraction and shall be ordered to

 

pay a civil fine as follows:

 

     (a) First offense of the license year, at least $200.00.


     (b) Second offense of the license year, at least $300.00.

 

     (c) Third and all subsequent offenses during the license year,

 

at least $400.00.

 

     (2) A person shall not possess on any vessel, or on any other

 

conveyance used to reach the nets from shore, any meat grinders or

 

similar devices by the use of which the identification of the

 

species of fish or the measurement of the individual fish is

 

impossible. A person shall not possess on any vessel or the ice,

 

and shall not bring ashore, any fish that is so mutilated that

 

identification and measurement are impossible.

 

     (3) A person shall not sell, possess, or offer for sale any

 

illegal fish.

 

     (4) Any measurements of minimum length or weight established

 

by the director apply and are enforced without any allowance made

 

for the shrinkage of the fish under any conditions.

 

     (5) Imported fish species, if of a size, weight, or species

 

prohibited by the laws of the state, country, or tribal authority

 

within those states or countries where caught, or species

 

prohibited as a transgenic or nonnative organism by part 413, may

 

not be possessed, transported, offered for sale, or sold in this

 

state.

 

     Sec. 47312. The department may authorize the taking of trout,

 

whitefish, and yellow pickerel for the purpose of fish culture at

 

any time during the open or closed seasons provided in this part,

 

when it is determined by test nets set under the direction of the

 

department that at least 20% of the fish taken are females and at

 

least 40% of these females are ripe and ready to spawn. However,


when all spawn needed for state and federal hatcheries has been

 

secured, the department may close all commercial fishing during the

 

remainder of the closed season. The department may close all

 

commercial fishing during the closed season on those grounds that

 

are so located as to prevent proper handling of spawn or where it

 

appears that little or no spawn is being taken.

 

     (1) At the time of landing, a person on a licensed commercial

 

vessel shall not possess fish roe that weighs more than 15% of the

 

simultaneously landed dressed carcasses of fish of the species from

 

which the roe was taken.

 

     (2) At the time of landing, a person on a licensed commercial

 

vessel shall not possess fish viscera that weigh more than 20% of

 

the simultaneously landed dressed carcasses of fish of the species

 

from which the viscera were taken.

 

     Sec. 47313. All persons engaged in fishing for whitefish,

 

trout, yellow pickerel, or perch in the waters named in this part

 

shall from the beginning of the spawning season for these fish,

 

such time to be determined by test under the direction of the

 

department, until the beginning of the closed season provided by

 

section 47311 and before and after the closed season, strip all

 

ripe fish, both male and female, save all of the spawn, properly

 

impregnate it, and deliver it to the department at its fishing

 

port, and all such persons shall have a sufficient number of people

 

on each boat and all the equipment needed properly to save, handle,

 

impregnate, and deliver such spawn. The saving, handling,

 

impregnating, and delivering of spawn shall be done under the

 

direction of the department and in accordance with such regulations


and under such supervision as prescribed by the department.

 

However, the department shall not discriminate against any person

 

engaged in fishing during the closed or open season, having on each

 

boat a sufficient number of people and all the equipment needed

 

properly to save, handle, impregnate, and deliver such spawn at any

 

port or fishing ground when it has been determined that fish are

 

ripe for spawning. This determination shall be made by setting test

 

nets on each fishing ground where spawn will be taken. A person

 

engaged in commercial fishing that fails to properly save, handle,

 

impregnate, and deliver such spawn during any period when spawn are

 

ripe is guilty of a violation of this part. A person shall not take

 

from the waters of the Great Lakes any lake or Mackinaw trout

 

during the closed season established by this part for those fish,

 

except by the use of gill nets, trap nets, and pound nets after

 

tests have been made and the percentage of ripe fish secured as

 

provided for in section 47312.Except as otherwise provided in

 

section 47311, a person licensed and engaged in lifting commercial

 

set hook lines or nets in the open waters of this state shall not

 

take from the open waters of this state any undersized fish. All

 

undersized fish found on commercially licensed set hooks or in nets

 

must immediately be returned to the water with as little injury as

 

possible by the person lifting the set hook lines or nets.

 

     Sec. 47314. The department shall deliver to designated

 

representatives of the United States bureau of fisheries and to the

 

state fish hatcheries as much of this spawn as may be desired by

 

the bureau and state hatcheries for propagation and planting in the

 

waters of the lakes within the jurisdiction of this state, and the


remainder of the spawn shall be properly impregnated and planted

 

upon the spawning beds from which it was taken. The persons so

 

fishing shall plant upon the spawning beds the fry hatched from

 

such proportion of the spawn as may have been taken from the fish

 

caught by the persons when directed to do so by the department. A

 

person refusing or failing to comply with this section is guilty of

 

a violation of this part.

 

     (1) Except as otherwise provided in subsection (2), a person

 

may not ship, accept for shipment, transport, or cause to be

 

transported any container, package, or box containing any fish,

 

without each container, package, or box being plainly and correctly

 

marked with the name of the consignor, the name of the consignee,

 

and the kinds and amount by weight of fish contained in the

 

container, package, or box.

 

     (2) The marking of each container, package, or box with the

 

consignor and consignee information required under subsection (1)

 

is not required for the following:

 

     (a) Multiple containers, packages, or boxes containing fish or

 

fish product being shipped to 1 destination within this state if

 

these containers, packages, or boxes are prepared as follows:

 

     (i) All individual containers, packages, or boxes are packaged

 

or bound together in a manner so that they will stay together as 1

 

unit in shipment.

 

     (ii) Each bound unit is individually labeled as to the type

 

and pounds of fish, fish product, or roe. This label must be

 

visible on all 4 sides of the unit, correctly identify the

 

consignor and consignee of the shipment, and state the number of


boxes or packages in the bound unit, the species of fish contained,

 

and the total weight of the fish or container.

 

     (b) Shipments to individual destinations consigned by a single

 

wholesaler, transported in a vehicle registered to that wholesaler

 

for same-day delivery within this state and within 100 miles of the

 

wholesaler's business, if each container, package, or box is marked

 

with the name of the consignee.

 

     (3) In addition to subsections (1) and (2), an accurate bill

 

of lading or an invoice containing the name and address of the

 

seller and buyer of the fish and the point of origin of the fish

 

and the number of containers, packages, or boxes must accompany the

 

shipment. The bill of lading or invoice must be available for

 

inspection and comparison to the cargo being shipped by any peace

 

officer.

 

     (4) Subsections (1), (2), and (3) do not apply to a licensed

 

commercial fisher that is transporting fish directly from its

 

landing port to its fish house or to a processor. A licensed

 

commercial fisher must fill out a bill of lading or an invoice

 

indicating the number of containers, packages, or boxes being

 

transported for each species of fish. The bill of lading or invoice

 

must accompany the fish and be available for inspection and

 

comparison to the cargo being transported by any peace officer.

 

     (5) Subsections (1), (2), and (3) do not apply to a wholesale

 

fish dealer that is transporting fresh fish directly from a state

 

or tribal licensed fisher's port of landing within this state to

 

that wholesaler's facility. A wholesale fish dealer must fill out a

 

bill of lading or an invoice indicating the number of containers,


packages, or boxes being transported for each species of fish. The

 

bill of lading or invoice must accompany the fish and be available

 

for inspection and comparison to the cargo being transported by any

 

peace officer.

 

     (6) The entire contents of a container, package, or box that

 

contains any fish that is illegal under this part is subject to

 

seizure.

 

     (7) The entire catch of a licensed commercial fisher that

 

contains any fish that is illegal to take by that licensed

 

commercial fisher under this part is subject to seizure.

 

     Sec. 47315. The department may take fish in any manner, in any

 

of the waters mentioned in this part, at any and all seasons of the

 

year, for the purpose of fish culture and scientific investigation;

 

may have and hold ripe and unripe fish in order to take spawn from

 

the fish; may sell all of those ripe and unripe fish; and may

 

devote the proceeds of the sales exclusively toward defraying the

 

expenses incurred in taking the fish and fertilizing and planting

 

the spawn from the fish.A package or shipment of illegal fish

 

offered to any common carrier as described in section 47314 is

 

considered to be in the possession of the consignor until delivered

 

to the consignee. However, if any common carrier as described in

 

section 47314 is not able or refuses or neglects to show from whom

 

the consignment of any shipment of fish was received, the shipment

 

is considered to be in the possession of the common carrier having

 

the shipment in transit, and that common carrier may be proceeded

 

against the same as the original owner.

 

     Sec. 47316. A person shall not ship or transport within this


state any fish in packages or containers without plainly and

 

correctly marking each package or container with the name of the

 

consignor and the kinds of fish contained in the package. A

 

railroad company, boat line, express company, motor truck company,

 

aerial freight or express company, or other transportation company

 

or common carrier, or any agent of any such company, or the owner

 

of any boat, airplane, car, truck or other vehicle operated

 

privately or as a common carrier, or the agent or representative of

 

such owners, shall not accept for shipment or transport any package

 

or container of fish unless it is properly marked as prescribed in

 

this section. The presence in any package or container of 10% by

 

weight of any fish that is illegal to ship shall make the entire

 

contents of the package or container subject to seizure as an

 

illegal shipment.If the department opens any package or shipment of

 

fish in transit and finds that package or shipment to be a lawful

 

package or shipment under this part, the department shall repack

 

that package or shipment in as good a condition as possible and

 

release it without further detainment.

 

     Sec. 47317. The possession of any package or shipment of

 

illegal fish offered to any common carrier as described in section

 

47316 shall be construed to be and shall remain in the consignor

 

until delivered to the consignee. However, if any common carrier as

 

described in section 47316 is not able or refuses or neglects to

 

show from whom the consignment of any shipment of fish was

 

received, the shipment shall be considered to be in possession of

 

the common carrier having the shipment in transit, and they may be

 

proceeded against the same as the original owner.A licensed


commercial fisher taking fish in any of the waters mentioned in

 

this part shall bring those fish to some port or place in this

 

state where they may be inspected before shipping.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 100th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4567 (request no.

 

01328'19 *).

 

     (b) Senate Bill No.____ or House Bill No. 4569 (request no.

 

02655'19).