SB-0800, As Passed Senate, June 4, 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.

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,

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 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.

(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.

(d) Senate Bill No. 799.