February 19, 2014, Introduced by Senators WALKER, KOWALL, JANSEN, CASPERSON, EMMONS, GREEN, MOOLENAAR, HANSEN, MEEKHOF, SCHUITMAKER, RICHARDVILLE and BIEDA and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 41305, 41309, 43559, and 47361 (MCL 324.41305,
324.41309, 324.43559, and 324.47361), sections 41305 and 41309 as
amended by 2009 PA 52, section 43559 as amended by 2013 PA 37, and
section 47361 as added by 1995 PA 57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41305. A person shall not introduce a prohibited species,
a restricted species, or a genetically engineered or nonnative
aquatic plant, bird, crustacean, fish, insect, mammal, or mollusk
unless the introduction is authorized by 1 of the following, as
applicable:
(a) For a fish, by a permit issued by the department of
natural resources under section 48735.
(b) For an insect or plant, by a permit issued by the
department of agriculture and rural development under section
41306.
(c) For any other species, by a permit issued by the
department of natural resources under section 41306.
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, 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.
(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 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 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, 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, 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 and who knows or should know 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, 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 or a genetically engineered aquatic plant, bird,
crustacean, fish, insect, mammal, or mollusk and who knows or
should know the identity of the prohibited species or that the
aquatic plant, bird, crustacean, fish, insect, mammal, or mollusk
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 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, 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, 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.
(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, 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, 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.
(11) A vehicle, equipment, or other property used in a
criminal violation of this part or a rule promulgated or permit
issued under this part that involves an aquatic species is subject
to seizure and forfeiture as provided in chapter 47 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.
(12) If a person commits a criminal violation of this part or
a rule promulgated or order issued under this part or knowingly
commits a violation described in subsection (5), and if the
violation involves an aquatic species, the court shall order that
any hunting, fishing, or trapping license under part 435 and any
commercial fishing license or permit under part 473 issued to the
person be suspended for 1 year and that the person is not eligible
to be issued any such license or permit for 1 year. If the
remaining term of an existing license or permit is less than 1
year, the court shall order that the license or permit be revoked
and that the person is not eligible to be issued any such license
for 1 year. For a second violation described in this subsection,
the court shall order that any such license or permit issued to the
person be revoked and that the person is permanently ineligible to
be issued any such license or permit. An order under this
subsection is self-effectuating. The clerk of the court shall send
a copy of the order to the department.
(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. 43559. (1) If a person is convicted of violating this
part, or another law relative to hunting, fishing, or trapping that
does not otherwise require the revocation of, or prohibit the
securing of, 1 or more licenses, the court may order the revocation
of 1 or more of the person's licenses and may by order provide that
the person shall not secure 1 or more licenses for not less than
the remainder of the year in which convicted and during the next
succeeding year, or longer in the discretion of the court.
(2) The department shall comply with a suspension order issued
as provided in the support and parenting time enforcement act, 1982
PA 295, MCL 552.601 to 552.650, within 7 days after receipt of the
suspension order.
(3) An order rescinding a suspension order issued under the
support and parenting time enforcement act, 1982 PA 295, MCL
552.601 to 552.650, is effective upon its entry by the court and
purchase by the licensee of a replacement license.
(4) Subject to subsection (5), if any 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 licenses under this part, the department shall not issue a
license under this part to the person for the period provided in
the order.
(5) If a 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.
(6) Unless a person's license is otherwise suspended, revoked,
or denied, the license is immediately reinstated on satisfaction of
the requirements of subsection (5).
(7) (4)
If a person is charged with, or
convicted of, a
violation of this part, or another law relative to hunting,
fishing, or trapping, and the person fails to answer a citation or
a notice to appear in court, or for any matter pending, or fails to
comply with an order or judgment of the court, the court shall
immediately give notice by first-class mail sent to the person's
last known address that if the person fails to appear within 7 days
after the notice is issued, or fails to comply with the order or
judgment of the court within 14 days after the notice is issued,
the department shall suspend the person's hunting, fishing, and
trapping licenses. If the person fails to appear within the 7-day
period, or fails to comply with the order or judgment of the court
within the 14-day period, the court shall immediately inform the
department. The department shall immediately suspend the person's
hunting, fishing, and trapping licenses and notify the person of
the suspension by first-class mail sent to the person's last known
address.
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 license or permit 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 licenses or permits under this part, the department
shall not issue a license or permit under this part to the person
for the period provided in the order.
(3) If a license or permit 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 license or permit is otherwise
suspended, revoked, or denied, the license is immediately
reinstated on satisfaction of the requirements of subsection (3).