SB-0800, As Passed Senate, December 18, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 800

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 41309, 47361, and 48738 (MCL 324.41309,

 

324.47361, and 324.48738), section 41309 as amended by 2009 PA 52,

 

section 47361 as added by 1995 PA 57, and section 48738 as amended

 

by 2003 PA 270.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 41309. (1) A person who violates section 41303(2) is

 

subject to a civil fine of not more than $100.00.

 

     (2) A person who violates section 41303(1), or a condition of

 

a permit issued under this part, with respect to a restricted

 

species is subject to a civil fine of not more than $5,000.00. A

 

person who violates section 41303(1), or a condition of a permit

 


issued under this part, with respect to a prohibited species is

 

subject to a civil fine of not more than $10,000.00.

 

     (3) A person who violates section 41303(1) knowing the

 

possession is unlawful or who willfully or in a grossly negligent

 

manner violates a condition of a permit issued under this part is

 

guilty as follows:

 

     (a) For a violation involving a restricted species, the person

 

is guilty of a misdemeanor and may be imprisoned for not more than

 

1 year and shall be fined not less than $1,000.00 or more than

 

$10,000.00.

 

     (b) For a violation involving a prohibited species that is not

 

an aquatic species, the person is guilty of a felony and may be

 

imprisoned for not more than 2 years and shall be fined not less

 

than $2,000.00 or more than $20,000.00.

 

     (c) For a violation involving a prohibited species that is an

 

aquatic species, the person is guilty of a felony and may be

 

imprisoned for not more than 3 years and shall be fined not less

 

than $2,000.00 or more than $100,000.00.

 

     (4) A person who, with intent to damage natural, agricultural,

 

or silvicultural resources or human health:

 

     (a) Violates section 41303(1) with respect to a restricted

 

species or possesses a nonnative aquatic plant, bird, crustacean,

 

fish, insect, mammal, or mollusk, or aquatic plant is guilty of a

 

felony and may be imprisoned for not more than 2 years and shall be

 

fined not less than $1,000.00 or more than $250,000.00.

 

     (b) Violates section 41303(1) with respect to a prohibited

 

species or possesses a genetically engineered aquatic plant, bird,

 


Senate Bill No. 800 (S-1) as amended December 16, 2014

crustacean, fish, insect, mammal, or mollusk, or aquatic plant is

 

guilty of a felony and may be imprisoned for not more than 4 years

 

and shall be fined not less than $2,000.00 or more than

 

$500,000.00.

 

     (5) A person who sells or offers to sell a restricted species

 

is subject to a civil fine of not less than $1,000.00 or more than

 

$10,000.00. A person who sells or offers to sell a prohibited

 

species [or who violates section 41303(3)] is subject to a civil fine of

not less than $2,000.00 or

 

more than $20,000.00.

 

     (6) A person who violates section 41305 is guilty as follows:

 

     (a) For a violation involving a restricted species or a

 

nonnative aquatic plant, bird, crustacean, fish, insect, mammal, or

 

mollusk, or aquatic plant, the person is guilty of a misdemeanor

 

and may be imprisoned for not more than 6 months and shall be fined

 

not less than $500.00 or more than $5,000.00.

 

     (b) For a violation involving a prohibited species or a

 

genetically engineered aquatic plant, bird, crustacean, fish,

 

insect, mammal, or mollusk, or aquatic plant, the person is guilty

 

of a misdemeanor and may be imprisoned for not more than 1 year and

 

shall be fined not less than $1,000.00 or more than $10,000.00.

 

     (7) A person who violates section 41305 with respect to a

 

restricted species or nonnative aquatic plant, bird, crustacean,

 

fish, insect, mammal, or mollusk, or aquatic plant and who knows or

 

should know has actual or constructive knowledge of the identity of

 

the restricted species or that the organism, whether a restricted

 

species or other aquatic plant, bird, crustacean, fish, insect,

 

mammal, or mollusk, or aquatic plant, is nonnative is guilty of a

 


misdemeanor and may be imprisoned for not more than 1 year and

 

shall be fined not less than $1,000.00 or more than $10,000.00.

 

     (8) A person who violates section 41305 with respect to a

 

prohibited species that is not an aquatic species or with respect

 

to a genetically engineered aquatic plant, bird, crustacean, fish,

 

insect, mammal, or mollusk, or aquatic plant and who knows or

 

should know has actual or constructive knowledge of the identity of

 

the prohibited species or that the aquatic plant, bird, crustacean,

 

fish, insect, mammal, or mollusk, or aquatic plant is genetically

 

engineered, respectively, is guilty of a felony and may be

 

imprisoned for not more than 2 years and shall be fined not less

 

than $2,000.00 or more than $20,000.00.

 

     (9) A person who violates section 41305 with respect to a

 

prohibited species that is an aquatic species and who has actual or

 

constructive knowledge of the identity of the prohibited species is

 

guilty of a felony and may be imprisoned for not more than 3 years

 

and shall be fined not less than $2,000.00 or more than

 

$100,000.00.

 

     (10) (9) A person who violates section 41305 knowing the

 

introduction is unlawful, is guilty as follows:

 

     (a) For a violation involving a restricted species or

 

nonnative aquatic plant, bird, crustacean, fish, insect, mammal, or

 

mollusk, or aquatic plant, the person is guilty of a felony and may

 

be imprisoned for not more than 2 years and shall be fined not less

 

than $1,000.00 or more than $250,000.00.

 

     (b) For a violation involving a prohibited species or a

 

genetically engineered aquatic plant, bird, crustacean, fish,

 


insect, mammal, or mollusk, or aquatic plant, the person is guilty

 

of a felony and may be imprisoned for not more than 4 years and

 

shall be fined not less than $2,000.00 or more than $500,000.00.

 

     (11) (10) A person who, with intent to damage natural,

 

agricultural, or silvicultural resources or human health, violates

 

section 41305 is guilty as follows:

 

     (a) For a violation involving a restricted species or

 

nonnative aquatic plant, bird, crustacean, fish, insect, mammal, or

 

mollusk, or aquatic plant, the person is guilty of a felony and may

 

be imprisoned for not more than 3 years and shall be fined not less

 

than $1,000.00 or more than $500,000.00.

 

     (b) For a violation involving a prohibited species or a

 

genetically engineered aquatic plant, bird, crustacean, fish,

 

insect, mammal, or mollusk, or aquatic plant, the person is guilty

 

of a felony and may be imprisoned for not more than 5 years and

 

shall be fined not less than $2,000.00 or more than $1,000,000.00.

 

     (12) If a person commits a criminal violation of this part or

 

a rule promulgated or permit issued under this part or knowingly

 

commits a violation described in subsection (5) and if the

 

violation involves a prohibited species that is an aquatic species,

 

the court shall order that any permit or license issued to the

 

person under part 473 or 487 be suspended for 1 year, and that the

 

person is not eligible to be issued any permit or license under

 

part 473 or 487 for 1 year. If the remaining term of an existing

 

permit or license under part 473 or 487 is less than 1 year, the

 

court shall order that the permit or license be revoked and that

 

the person is not eligible to be issued any permit or license under

 


part 473 or 487 for 1 year. For a second violation described in

 

this subsection, the court shall order that any permit or license

 

issued to the person under part 473 or 487 be revoked and that the

 

person is permanently ineligible to be issued any permit or license

 

under part 473 or 487. An order under this subsection is self-

 

effectuating. The clerk of the court shall send a copy of the order

 

to the department of natural resources.

 

     (13) (11) In addition to any other civil or criminal sanction

 

imposed under this section, a person who violates this part is

 

liable for any damages to natural resources resulting from the

 

violation, including, but not limited to, costs incurred to prevent

 

or minimize such damages.

 

     (14) (12) This part does not apply to activities authorized

 

under the Michigan aquaculture development act, 1996 PA 199, MCL

 

286.871 to 286.884.

 

     Sec. 47361. (1) A person who violates sections 47335 to 47360

 

is guilty of a misdemeanor, punishable by imprisonment for not more

 

than 30 days, or a fine of not less than $10.00 or more than

 

$100.00 and costs of prosecution, or both. The license of any

 

person convicted of 3 violations of this part or other acts or

 

parts regulating commercial fishing in any 1 license year shall be

 

automatically revoked and canceled for the balance of the license

 

year for which issued, and such a revocation prohibits the use of

 

boats, nets, or other gear by any person during the balance of the

 

year for which the license was issued.

 

     (2) Subject to subsection (3), if any permit or license under

 

this part is ordered to be suspended or revoked under section 41309

 


and if the department maintains a database of suspensions or

 

revocations of permits or licenses under this part, the department

 

shall not issue a permit or license under this part to the person

 

for the period provided in the order.

 

     (3) If a permit or license under this part is ordered to be

 

suspended under section 41309, the suspension remains in effect

 

until all of the following occur:

 

     (a) The suspension period set forth in the court order has

 

elapsed.

 

     (b) The person pays the department a reinstatement fee of

 

$125.00.

 

     (4) Unless a person's permit or license is otherwise

 

suspended, revoked, or denied, the permit or license is immediately

 

reinstated on satisfaction of the requirements of subsection (3).

 

     Sec. 48738. (1) A person who violates this part or rules or

 

orders issued to implement this part, if a penalty is not otherwise

 

provided for that violation in this section, is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of not more than $500.00, or both.

 

     (2) A person convicted of using dynamite, nitroglycerin, lime,

 

electricity, any other explosive substance, lime, electricity, or

 

poison for the purpose of taking or killing fish, convicted of

 

using nets not authorized by law for taking game fish, or convicted

 

of buying or selling game fish or any parts of game fish is guilty

 

of a misdemeanor punishable 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.

 


     (3) A person who takes or possesses sturgeon in violation of

 

this part or rules or orders issued to implement this part is

 

guilty of a misdemeanor and shall be punished by imprisonment for

 

not less than 30 days or more than 180 days and a fine of not less

 

than $500.00 or more than $2,000.00, or both, and the costs of

 

prosecution.

 

     (4) A person who knowingly violates section 48735(2) or (4) or

 

a permit issued under section 48735(2) or (4) with respect to a

 

genetically engineered variant of a fish species is guilty of a

 

felony punishable by imprisonment for not more than 5 years or a

 

fine of not more than $250,000.00, or both. In addition, the person

 

is liable for any damages to the natural resources resulting from

 

the violation, including, but not limited to, costs incurred to

 

prevent or minimize such damages.

 

     (5) If a person is convicted of a violation of this part or

 

rules or orders issued to implement this part and it is alleged in

 

the complaint and proved or admitted at trial or ascertained by the

 

court at the time of sentencing that the person has been previously

 

convicted 3 or more times of a violation of this part within the 5

 

years immediately preceding the last violation of this part, the

 

person is guilty of a misdemeanor punishable by imprisonment for

 

not more than 90 days or a fine of not more than $1,000.00, or

 

both, and the costs of prosecution. This subsection does not apply

 

to the following violations:

 

     (a) Failing to possess or display a valid fishing license or

 

trout and salmon license issued pursuant to part 435.

 

     (b) Taking or possessing an overlimit of bluegill, sunfish,

 


crappie, perch, or nongame fish.

 

     (c) Taking or possessing not more than 5 undersized fish.

 

     (d) Fishing with too many lines.

 

     (e) Failing to attach the person's name and address to tip-ups

 

or minnow traps.

 

     (f) Fishing with lines not under immediate control.

 

     (6) In addition to the penalties provided in this section, a

 

fishing license issued to a person sentenced pursuant to subsection

 

(2), (3), (4), or (5) shall be revoked, and the person shall not be

 

issued a license during the remainder of the year in which

 

convicted or during the next 3 succeeding license years.

 

     (7) Subject to subsection (8), if any permit or license under

 

this part is ordered to be suspended or revoked under section 41309

 

and if the department maintains a database of suspensions or

 

revocations of permits or licenses under this part, the department

 

shall not issue a permit or license under this part to the person

 

for the period provided in the order.

 

     (8) If a permit or license under this part is ordered to be

 

suspended under section 41309, the suspension remains in effect

 

until all of the following occur:

 

     (a) The suspension period set forth in the court order has

 

elapsed.

 

     (b) The person pays the department a reinstatement fee of

 

$125.00.

 

     (9) Unless a person's permit or license is otherwise

 

suspended, revoked, or denied, the permit or license is immediately

 

reinstated on satisfaction of the requirements of subsection (8).

 


     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 97th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 795.

 

     (b) Senate Bill No. 796.

 

     (c) Senate Bill No. 797.

 

     (d) Senate Bill No. 799.