Text Box: SENATE BILL No. 1075

 


Text Box: SENATE BILL No. 1075

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1075

 

 

September 8, 2016, Introduced by Senators SCHMIDT, HILDENBRAND, BOOHER, BRANDENBURG, ZORN, SHIRKEY, MARLEAU, PROOS, HORN, JONES, MACGREGOR, STAMAS and BIEDA and referred to the Committee on Outdoor Recreation and Tourism.

 

 

 

     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, or an employee of

 

this state or a law enforcement agency is not liable for damage to

 

or loss of an electronic device that occurs as a result of a

 

conservation officer or a law enforcement officer viewing an

 

electronic copy of a license in the manner provided in this

 

section, regardless of whether the conservation officer, law

 

enforcement officer, or individual 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) or

 

(3) 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.