June 19, 2008, Introduced by Reps. Lindberg, Lahti, McDowell, Brown, Gillard, Sheltrown, Casperson, Huizenga, Hansen and Booher and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 48701 and 48703 (MCL 324.48701 and 324.48703),
section 48701 as amended by 2003 PA 270 and section 48703 as added
by 1995 PA 57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 48701. As used in this part:
(a) "Amphibian" means any frog, toad, or salamander of the
class amphibia.
(b) "Crustacea" means any freshwater crayfish, shrimp, or
prawn of the order decapoda.
(c) "Dip net" means a square net that is constructed from a
piece of webbing of heavy twine, hung on heavy cord or frame so as
to be without sides or walls, and suspended from the corners and
attached in such a manner that when the net is lifted no part is
more than 4 feet below the plane formed by the imaginary lines
connecting the corners from which the net is suspended. As used in
fishing, it shall be lowered and raised vertically as nearly as
possible.
(d)
(c) "Game fish" includes all of the following:
(i) Mackinaw or lake trout (Salvelinus namaycush).
(ii) Brook or speckled trout (Salvelinus fontinalis).
(iii) Brown and Loch Leven trout (Salmo trutta).
(iv) Rainbow and steelhead trout (Oncorhynchus mykiss).
(v) Landlocked salmon (Salmo salar sebago).
(vi) Grayling (Thymallus arcticus).
(vii) Largemouth black bass (Micropterus salmoides).
(viii) Smallmouth black bass (Micropterus dolomieu).
(ix) Bluegill (Lepomis macrochirus).
(x) Pumpkinseed or common sunfish (Lepomis gibbosus).
(xi) Black crappie and white crappie, also known as calico bass
and strawberry bass (Pomoxis nigromaculatus and Pomoxis annularis).
(xii) Yellow perch, commonly called perch (Perca flavescens).
(xiii) Pike-perch, commonly called walleyed pike (Stizostedion
vitreum).
(xiv) Northern pike, also known as grass pike or pickerel (Esox
lucius).
(xv) Muskellunge (Esox masquinongy).
(xvi) Sturgeon (Acipenser fulvescens).
(xvii) Splake (Salvelinus namaycush x Salvelinus fontinalis).
(xviii) Coho salmon (Oncorhynchus kisutch).
(xix) Chinook (King) salmon (Oncorhynchus tshawytscha).
(xx) Pink salmon (Oncorhynchus gorbuscha).
(e) (d)
"Genetically engineered"
refers to a fish whose
genome, chromosomal or extrachromosomal, is modified permanently
and heritably, using recombinant nucleic acid techniques.
(f) "Hand net" means a mesh bag of webbing or wire suspended
from a circular, oval, or rectangular frame attached to a handle.
(g)
(e) "Inland waters of this state" means the
waters within
the jurisdiction of the state except Saginaw river, Lakes Michigan,
Superior, Huron, and Erie, and the bays and the connecting waters.
The connecting waters between Lake Superior and Lake Huron are that
part of the Straits of St. Mary in this state extending from a line
drawn from Birch Point Range front light to the most westerly point
of Round Island, thence following the shore of Round Island to the
most northerly point thereof, thence from the most northerly point
of Round Island to Point Aux Pins light, Ontario, to a line drawn
due east and west from the most southerly point of Little Lime
Island. The connecting waters of Lake Huron and Lake Erie are all
of the St. Clair river, all of Lake St. Clair, and all of the
Detroit river extending from Fort Gratiot light in Lake Huron to a
line extending due east and west of the most southerly point of
Celeron Island in the Detroit river.
(h) (f)
"Mollusks" means any
mollusk of the classes bivalvia
and gastropoda.
(i) (g)
"Nongame fish" includes
all kinds of fish except game
fish.
(j) (h)
"Nonresident" means a
person who is not a resident.
(k) (i)
"Nontrout streams" means
all streams or portions of
streams other than trout streams.
(l) (j)
"Open season" means the
time during which fish may be
legally taken or killed and includes both the first and last day of
the season or period designated by this part.
(m) (k)
"Recombinant nucleic acid
techniques" means laboratory
techniques through which genetic material is isolated and
manipulated in vitro and then inserted into an organism.
(n) (l) "Reptiles"
means any turtle, snake, or lizard of the
class reptilia.
(o) (m)
"Resident" means either
of the following:
(i) A person who resides in a settled or permanent home or
domicile with the intention of remaining in this state.
(ii) A student who is enrolled in a full-time course at a
college or university within this state.
(p) (n)
"Trout lake" means a lake
designated by the department
in which brook trout, brown trout, or rainbow trout are the
predominating species of game fish. The department may designate
certain trout lakes in which certain species of fish are not
desired and in which it is unlawful to use live fish of any kind
for bait.
(q) (o)
"Trout stream" means any
stream or portion of a stream
that contains a significant population of any species of trout or
salmon as determined by the department. The department shall
designate not more than 212 miles of trout streams in which only
lures or baits as the department prescribes may be used in fishing,
and the department may prescribe the size and number of fish that
may be taken from those trout streams. The department shall not
restrict children under 12 years old from taking a minimum of 1
fish, except for sturgeon (Acipenser fulvescens), in any trout
stream. Any trout stream in a county that includes a city with a
population of 750,000 or more shall be so designated. In addition,
the department shall issue an order adopting criteria for
determining which trout streams should be so designated. Before the
department issues the order, the department shall submit the
proposed order to the commission. The commission shall receive
public comment on the proposed order. The department shall consider
any guidance provided by the commission on the proposed order and
may make changes to the proposed order based on that guidance.
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 spear or grab hook, snag hook, or gaff hook, by the use of
jack or artificial light, 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 2 single lines
or 2 single rods and lines, or a single line and a single rod and
line, and shall not attach more than 4 hooks on all lines. 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
recognized smelt waters, any numbers of hooks, attached to a single
line, may be used for the taking of smelt.
(2) A person shall not set or use a tip-up, paddle, 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,
paddle, or other similar device is marked in legible English on the
tip-up, paddle, or other similar device or securely fastened to it
by a plate or tag.
(3) A spear or bow and arrow may be used from April 1 to May
31 in the Lower Peninsula and during the month of May in the Upper
Peninsula for taking carp, suckers, redhorse, mullet, dogfish, and
garpike in the rivers and streams of this state. The department may
designate a county, stream, or a portion of a stream in which a
jack or other artificial light may be used in taking fish with a
spear or bow and arrow only. A person shall not use or possess a
spear or bow and arrow in, upon, or along any trout stream in this
state, except in a stream or portion of a stream that is designated
by the department for the taking of carp, suckers, redhorse,
mullet, dogfish, and garpike. A person may spear carp, suckers,
mullet, redhorse, sheepshead, lake trout, smelt, northern pike,
muskellunge, whitefish, ciscoes, pilot fish or Menominee whitefish,
sturgeon, catfish, bullheads, dogfish, and garpike through the ice
during the months of December, January, and February and the first
2 weeks of March in the inland waters of this state not otherwise
closed to spearing. The department may designate certain inland
waters in which a spear or bow and arrow may be used, with or
without artificial light, for the taking of carp, dogfish, and
garpike during the periods from May 1 to August 15 in each year.
The department may designate a trout lake, trout stream, or a
portion of a trout stream in which a spear may be used through the
ice. The department may designate certain waters in which a rubber
or spring propelled spear may be used for the taking of carp,
dogfish, garpike, and suckers, but only when the person using the
spear is swimming or submerged in the water and has the spear under
control by means of an attached line not exceeding 20 feet in
length. A person may use a spear or bow and arrow for the taking of
carp, suckers, mullet, redhorse, sheepshead, lake trout, smelt,
northern pike, muskellunge, sturgeon, whitefish, ciscoes, pilot
fish or Menominee whitefish, catfish, bullheads, herring, perch,
pike-perch, shad, dogfish, and garpike through the ice with or
without jack or other artificial lights in the connecting waters of
the Great Lakes, except that a jack or other artificial light shall
not be used in the connecting waters between Lake Erie and Lake
Huron. In the connecting waters between Lakes Huron and Erie, a
person may take carp, dogfish, and garpike with a spear or bow and
arrow without the use of artificial light. All species of fish
except largemouth and smallmouth black bass, crappies, bluegills,
sunfish, brook or speckled trout, rainbow and steelhead trout,
brown and Loch Leven trout, muskellunge, or sturgeon may be taken
with a spear or bow and arrow with or without the use of a jack or
other artificial light from the waters of the Great Lakes not
otherwise closed to spearing except that species of commercial fish
shall not be taken in this manner during a closed season
established under the laws governing commercial fishing. Other than
with seines for the taking of carp, a person shall not fish in the
waters
of the Lake Huron between Pointe-Aux Barques light and
Harbor Beach within 1 mile of the shoreline except with a hook and
line.
(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. For the purpose of
this
part, "hand net" means a mesh bag of webbing or wire suspended
from
a circular, oval, or rectangular frame attached to a handle.
(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. For the
purpose
of this part, "dip net" means a square net that is
constructed
from a piece of webbing of heavy twine, hung on heavy
cord
or a frame so as to be without sides or walls, and suspended
from
the corners and attached in such a manner that when the net is
lifted
no part is more than 4 feet below the plane formed by the
imaginary
lines connecting the corners from which the net is
suspended.
As used in fishing, it shall be lowered and raised
vertically
as nearly as possible.
(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
this subsection that are located on public land or the land of
another person shall be removed prior to 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 spear or bow and arrow may be used during the daytime
and with a light at night from May 15 to June 24 for the taking of
carp and suckers in the Tittabawassee river and its tributaries,
and in the Tobacco river and its tributaries, not previously
designated by the department as a trout stream in Gladwin and
Midland counties.
(10) 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).