SENATE BILL No. 406

 

 

April 18, 2007, Introduced by Senators BRATER and SWITALSKI and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 43509, 43532, 43533, 43536, and 48721 (MCL

 

324.43509, 324.43532, 324.43533, 324.43536, and 324.48721),

 

sections 43509, 43533, and 43536 as amended by 1996 PA 585, section

 

43532 as amended by 2002 PA 108, and section 48721 as added by 1995

 

PA 57.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 43509. (1) A person 17 years of age or older shall not

 

take aquatic species, except aquatic insects, in or upon any waters

 

over which this state has jurisdiction or in or upon any lands

 

within the state, or possess aquatic species, except aquatic

 

insects, without having in his or her possession a valid license as

 

provided in this part.


 

     (2) A person shall not hunt, trap, take or possess a wild

 

animal without having in his or her possession a valid current

 

license as provided in this part.

 

     Sec. 43532. (1) A person 17 16 years of age or older shall not

 

take or possess an aquatic species, except aquatic insects, in the

 

waters over which this state has jurisdiction without a license.

 

The fee for a resident restricted fishing license is $15.00. The

 

fee for a nonresident restricted fishing license is $34.00. unless

 

the person has in his or her possession a current fishing license.

 

     (2) A person less than 16 years of age may take aquatic

 

species without a fishing license. However, a person less than 16

 

years of age shall not retain aquatic species, except aquatic

 

insects, unless 1 of the following applies:

 

     (a) The person is in possession of a current all-species

 

fishing license, which entitles the holder to retain and possess

 

aquatic species as prescribed by law.

 

     (b) The person is accompanied by 1 or more persons who are

 

each in possession of a current fishing license that authorizes the

 

taking of the aquatic species being retained. The combined retained

 

catch of each unlicensed person less than 16 years of age and each

 

accompanying licensed person shall not exceed the combined

 

possession limit for the accompanying licensed persons. A parent or

 

legal guardian of a person less than 16 years of age shall not

 

allow that person to retain aquatic species in violation of this

 

subdivision.

 

     (3) (2) The A restricted fishing license entitles the licensee

 

to take and possess aquatic species as prescribed by law, other


 

than trout, or salmon, lake sturgeon, lake herring, amphibians,

 

reptiles, or crustaceans. The fee for a restricted fishing license

 

is as follows:

 

     (a) For a resident:

 

     (i) In 2007, $15.00.

 

     (ii) In 2008, $16.25.

 

     (iii) In 2009, $17.50.

 

     (iv) In 2010, $18.75.

 

     (v) Beginning in 2011, $20.00.

 

     (b) For a nonresident, $40.00.

 

     (3) A person under 17 years of age may take aquatic species in

 

the waters over which this state has jurisdiction without a

 

license. However, a person under 17 years of age may obtain an all-

 

species fishing license. The fee for a resident or nonresident who

 

is under 17 years of age, for an all-species fishing license is

 

$2.00. The department shall not sell or vendor the list of

 

licensees under this subsection.

 

     (4) The fee for a resident all-species fishing license is

 

$28.00. The fee for a nonresident all-species fishing license is

 

$42.00.

 

     (4) (5) The An all-species fishing license entitles the

 

licensee to take all species of and possess all aquatic species as

 

prescribed by law. The fee for an all-species fishing license is as

 

follows:

 

     (a) Except as provided in subdivision (b), for a resident:

 

     (i) In 2007, $28.00.

 

     (ii) In 2008, $31.00.


 

     (iii) In 2009, $34.00.

 

     (iv) In 2010, $37.00.

 

     (v) Beginning in 2011, $40.00.

 

     (b) For a person who is less than 16 years of age, $2.00.

 

     (c) Except as provided in subdivision (b), for a nonresident,

 

$80.00.

 

     (5) (6) A person to whom a valid restricted fishing license

 

has been issued may return the restricted license to the department

 

or its authorized agent and receive an all-species fishing license

 

by paying a fee equal to the difference in cost between the all-

 

species fishing license and the restricted fishing license for

 

which that person is eligible.

 

     Sec. 43533. (1) A resident or nonresident may purchase a

 

limited 24-hour or 72-hour fishing license entitling that person to

 

take, for a designated 24-hour or 72-hour period, respectively, and

 

possess all aquatic species as prescribed by law. Except as

 

provided in this section, the fee for a limited fishing license is

 

$6.00 per designated consecutive 24-hour period. Except as provided

 

in this section, beginning in 2001, the fee for a limited fishing

 

license is $7.00 per designated consecutive 24-hour period.

 

Notwithstanding any other provision of this section, the fee for a

 

limited fishing license for a senior citizen is $3.00.

 

     (2) The fee for a 24-hour fishing license is as follows:

 

     (a) Except for a senior citizen:

 

     (i) In 2007, $7.00.

 

     (ii) In 2008, $9.00.

 

     (iii) In 2009, $11.00.


 

     (iv) In 2010, $13.00.

 

     (v) Beginning in 2011, $15.00.

 

     (b) For a senior citizen:

 

     (i) In 2007, $3.00.

 

     (ii) In 2008, $3.60.

 

     (iii) In 2009, $4.40.

 

     (iv) In 2010, $5.85.

 

     (v) In 2011, $7.50.

 

     (vi) In 2012, $8.25.

 

     (vii) Beginning in 2013, $9.00.

 

     (3) The fee for a 72-hour fishing license, to be issued

 

beginning in 2008, is as follows:

 

     (a) Except for a senior citizen:

 

     (i) In 2008, $21.00.

 

     (ii) In 2009, $26.00.

 

     (iii) In 2010, $31.00.

 

     (iv) Beginning in 2011, $36.00.

 

     (b) For a senior citizen:

 

     (i) In 2008, $8.40.

 

     (ii) In 2009, $10.40.

 

     (iii) In 2010, $13.95.

 

     (iv) In 2011, $18.00.

 

     (v) In 2012, $19.80.

 

     (vi) Beginning in 2013, $21.60.

 

     Sec. 43536. (1) A resident of this state who is 65 years of

 

age or older may obtain a senior restricted fishing license or

 

senior all-species fishing license. The fee for a senior restricted


 

fishing license is discounted 60% from the fee for a resident

 

restricted fishing license. or senior all-species fishing license

 

shall be the following percentage of the fee for the corresponding

 

resident fishing license, rounded to the nearest 25 cents:

 

     (a) Before 2010, 40%.

 

     (b) In 2010, 45%.

 

     (c) In 2011, 50%.

 

     (d) In 2012, 55%.

 

     (e) Beginning in 2013, 60%.

 

     (2) A resident of this state who is 65 years of age or older

 

may obtain a senior all-species fishing license. The fee for a

 

senior all-species fishing license is discounted 60% from the fee

 

for a resident all-species fishing license.

 

     Sec. 48721. (1) Except as otherwise provided in an order

 

authorized under this part or part 411, a person shall not in a

 

single day catch, kill, or have in possession at any 1 time more

 

than the number of fish indicated as follows:

 

     (a) Brook trout, brown trout, rainbow trout, steelhead, lake

 

trout, and splake, in any combination of species, 10 when taken

 

from rivers and streams or 5 when taken from inland lakes or Great

 

Lakes, but not more than 10 pounds and 1 fish.

 

     (b) Largemouth and smallmouth black bass, 5.

 

     (c) Bluegills, sunfish, warmouth bass, rock bass, and

 

crappies, 25 aggregate of any 1 species or in any combination of

 

species.

 

     (d) Pike-perch, 5. Any person may take and possess 10 pike-

 

perch when legally taken in the connecting waters or the waters of


 

the Great Lakes.

 

     (e) Saugers, 20, when taken from the waters commonly known as

 

the Portage canal and including Portage lake and Torch lake, all in

 

Houghton county. Saugers when so taken shall not be bought or sold.

 

     (f) Northern pike, 5.

 

     (g) Landlocked salmon, 5.

 

     (h) White bass, 10; 25 when taken from the Great Lakes or

 

connecting waters.

 

     (i) Whitefish, 12.

 

     (j) Sturgeon, 2 per season. A person shall not possess

 

sturgeon on or along the shores of an inland water except during

 

the months of January and February.

 

     (k) Perch, 50 in the Upper Peninsula and all waters of the

 

Great Lakes that are within the jurisdiction of this state and are

 

10 or fewer miles from a border of the Upper Peninsula; in all

 

other waters of the state, 100. possess more than the daily

 

possession limit or aggregate daily possession limit, as

 

applicable, of fish at the place where the fish were taken or in

 

route from that place to either of the following:

 

     (a) His or her automobile or other principal means of land

 

transportation.

 

     (b) His or her residence or temporary place of lodging.

 

     (2) A person shall not in a single day catch, kill, or possess

 

more than a combined total of 5 largemouth or smallmouth bass,

 

pike-perch, and northern pike, except that a person may take and

 

possess a combined total of 10 of those fish when taken in the

 

connecting waters or the waters of the Great Lakes.


 

     (3) In addition to 1 day's possession limit of fish, a person

 

may possess an additional day's possession limit of fish that are

 

processed by any of the following methods:

 

     (a) Canning in a sealed container.

 

     (b) Curing by smoking or drying.

 

     (c) Freezing in a solid state.

 

     (4) A person's processed fish aboard a vessel, on the water or

 

at dockside, shall be considered to be in the person's possession

 

for the purposes of subsection (3).

 

     (5) (3) A person shall not possess a fish illegally taken.