SB-1075, As Passed Senate, October 19, 2016

SUBSTITUTE FOR

SENATE BILL NO. 1075

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 43516, 43532, 43533, and 43536 (MCL 324.43516,

324.43532, 324.43533, and 324.43536), section 43516 as amended by

2016 PA 36 and sections 43532, 43533, and 43536 as amended by 2013

PA 108.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 43516. (1) An Until March 1, 2018, an individual who has

been issued a hunting, fur harvester's, or fishing license shall

carry the license and shall exhibit the license upon the demand of

a conservation officer, a law enforcement officer, a tribal

conservation officer who complies with subsection (3), (6), or the

owner or occupant of the land if either or both of the following

apply:

     (a) The person individual is hunting, trapping, or fishing.

     (b) Subject to section 43510(2) and except as provided in

section 43513, the individual is in possession of a firearm or

other hunting or trapping apparatus or fishing apparatus in an area

frequented by wild animals or fish, respectively.

     (2) Subject to section 43510(2) and except as provided in

section 43513, an individual shall not carry or possess afield a

shotgun with buckshot, slug loads, or ball loads; a bow and arrow;

a muzzle-loading rifle or black powder handgun; or a centerfire

handgun or centerfire rifle during firearm deer season unless that

individual has a valid deer license, with an unused kill tag, if

issued, issued in his or her name. The individual shall exhibit an

unused kill tag, if issued, upon the request of a conservation

officer, a law enforcement officer, or the owner or occupant of the

land.

     (3) Beginning March 1, 2018, an individual who has been issued

a hunting, fur harvester's, or fishing license shall carry the

license or, if applicable, an electronic copy of the license and

shall exhibit the license or, if applicable, an electronic copy of

the license upon the demand of a conservation officer, a law

enforcement officer, a tribal conservation officer who complies

with subsection (6), or the owner or occupant of the land if either

or both of the following apply:

     (a) The individual is hunting, trapping, or fishing.

     (b) Subject to section 43510(2) and except as provided in

section 43513, the individual is in possession of a firearm or

other hunting or trapping apparatus or fishing apparatus in an area

frequented by wild animals or fish, respectively.

     (4) An individual who displays an electronic copy of his or

her license using an electronic device as provided in subsection

(3) is not presumed to have consented to a search of the electronic

device. This state, a law enforcement agency, a tribal conservation

officer who complies with subsection (6), an employee of this state

or a law enforcement agency, or the owner or occupant of the land

is not liable for damage to or loss of an electronic device that

occurs as a result of a conservation officer, a tribal conservation

officer who complies with subsection (6), a law enforcement

officer, or the owner or occupant of the land viewing an electronic

copy of a license in the manner provided in this section,

regardless of whether the conservation officer, tribal conservation

officer who complies with subsection (6), law enforcement officer,

or owner or occupant of the land was in possession of the

electronic device at the time the damage or loss occurred.

     (5) The department shall continue to explore the expanded use

of electronic technology to provide additional services that will

enhance hunting and fishing experiences for individuals in this

state.

(6) (3) A tribal conservation officer under subsection (1),

(3), or (4) must be in uniform, display proper credentials, and be

on official duty within the ceded territory of the treaty of March

28, 1836, 7 Stat 491.

(7) (4) As used in this section, "tribal conservation officer"

means a conservation officer employed by the Great Lakes Indian

fish and wildlife commission, the Bay Mills Indian Community, the

Sault Ste. Marie Tribe of Chippewa Indians, the Little Traverse Bay

Bands of Odawa Indians, the Grand Traverse Band of Ottawa and

Chippewa Indians, or the Little River Band of Ottawa Indians.

     Sec. 43532. (1) An individual 17 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.

     (2) A restricted fishing license entitles the licensee to take

and possess aquatic species as prescribed by law, other than trout,

salmon, lake sturgeon, lake herring, amphibians, reptiles, or

crustaceans.

     (3) An individual under 17 years of age may take aquatic

species in the waters over which this state has jurisdiction

without a license. However, an individual 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.

(1) (5) An all-species fishing license entitles the licensee

to take and possess all aquatic species as prescribed by law.

     (6) An individual 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 individual is eligible.

(2) (7) Beginning March 1, 2014, an An individual 17 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 all-species

fishing license is $25.00. The fee for a nonresident all-species

fishing license is $75.00. Beginning March 1, 2014, the restricted

fishing license, license for an individual under 17 years of age,

and all-species upgrades under subsections (1), (3), and (6) are no

longer available.

     (3) Not later than March 1, 2018, the department shall develop

an electronic license that allows an individual to display an

electronic copy of his or her all-species fishing license using an

electronic device.

     Sec. 43533. (1) A resident or nonresident may purchase a 24-

hour or 72-hour fishing license entitling that individual 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 24-hour fishing license is

$7.00 per designated consecutive 24-hour period. Notwithstanding

any other provision of this section, the fee for a 24-hour fishing

license for a senior citizen is $3.00.

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

beginning in 2010, is as follows:

     (a) Except for a senior citizen, $21.00.

     (b) For a senior citizen, $9.00.

(1) (3) Beginning March 1, 2014, a A resident or nonresident

may purchase a 24-hour fishing license entitling that individual to

take, for a designated 24-hour period, and possess all aquatic

species as prescribed by law. The fee for a 24-hour fishing license

is $10.00 per designated consecutive 24-hour period.

(2) (4) Beginning March 1, 2014, a A resident or nonresident

may purchase a 72-hour fishing license entitling that person

individual to take, for a designated 72-hour period, and possess

all aquatic species as prescribed by law. The fee for a 72-hour

fishing license is $30.00 per designated consecutive 72-hour

period.

     (3) Not later than March 1, 2018, the department shall develop

an electronic license that allows an individual to display an

electronic copy of his or her 24-hour or 72-hour fishing license

using an electronic device.

     Sec. 43536. (1) Until March 1, 2014, a resident of this state

who is 65 years of age or older may obtain a senior restricted

fishing license. The fee for a senior restricted fishing license is

discounted 60% from the fee for a resident restricted fishing

license.

(1) (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.

     (2) Not later than March 1, 2018, the department shall develop

an electronic license that allows an individual to display an

electronic copy of his or her senior all-species fishing license

using an electronic device.