HB-6355, As Passed House, December 6, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 6355
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 48729 (MCL 324.48729), as amended by 2012 PA
337.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
48729. (1) A Except
as otherwise provided in subsection
(2), a person shall not do any of the following:
(a) Take or possess minnows, wigglers, or crayfish for
commercial purposes from any of the waters over which this state
has jurisdiction; import minnows, wigglers, or crayfish for
commercial purposes from outside of this state; or transport
minnows, wigglers, or crayfish without having first procured a
license as provided in section 48732. A license, except a license
to fish in the waters of this state as provided in part 435, is not
required of persons taking minnows, wigglers, or crayfish for their
individual use for bait. A person shall not set or use minnow traps
for the taking of minnows, wigglers, or crayfish for any purpose
unless the name and address of the user is on the trap.
(b) Export out of this state any minnows, wigglers, or
crayfish, dead or alive, taken either in or outside of this state
unless that person holds a permit issued under this subdivision.
The department, upon receipt of a payment of $25.00, may issue a
permit,
revocable by the department, under such any regulations as
the department prescribes, to any resident licensed as provided for
in section 48732, enabling that person to transport outside of this
state minnows, wigglers, or crayfish that were harvested from
waters
outside of Michigan's this
state's jurisdictional border and
imported wholesale across that border. Minnows, wigglers, and
crayfish
taken from Michigan's jurisdictional waters over which
this state has jurisdiction may not be exported from this state.
Imported
wholesale minnows, wigglers, and crayfish shall must be
held separately from any minnows, wigglers, or crayfish taken from
Michigan's
jurisdictional waters over which this state has
jurisdiction. A person holding a permit as provided in this
subdivision and transporting wholesale minnows, wigglers, or
crayfish shall produce documentation that contains the origin of
the shipment, registration or permit copies, documentation
demonstrating
the shipment's destination, and any other proof that
may
be required by the department, upon
demand of the director or a
law
enforcement officer. A The
department may revoke a permit
issued
under this subdivision may be revoked by the department upon
good
cause. and shall expire A permit issued under this subdivision
expires
on December 31 following the date of
issuance the license
is issued unless the license is revoked before that date.
(c) Use or attempt to use live goldfish or carp for bait in
fishing.
(d) Offer for sale or use lamprey for bait in fishing.
(e) Take, possess, or transport minnows, wigglers, or crayfish
for commercial purposes from any of the waters over which this
state has jurisdiction unless the taker is a resident of this state
and holds a permit or license as required by law.
(2) A person who operates as a charter fishing guide on either
the Great Lakes or the inland waters of this state may transport
and possess minnows, wigglers, and crayfish for exclusive use by
their clients as bait while on a fishing trip without an additional
permit or license if that person has purchased the minnows,
wigglers, or crayfish from a wholesale or retail outlet that holds
a permit or license as provided in section 48732 to take, possess,
or transport minnows, wigglers, or crayfish for commercial
purposes. A person who operates as a charter fishing guide that
purchases and provides live minnows, wigglers, or crayfish to their
clients, must retain a receipt showing the quantity purchased and
the wholesale or retail establishment the minnows, wigglers, or
crayfish were purchased from and must possess and present that
receipt upon request of a peace officer until the minnows,
wigglers, or crayfish are no longer in possession of that person. A
person who operates as a charter fishing guide may not sell or
furnish minnows, wigglers, or crayfish for any other purpose
outside the context described in this subsection without having
first procured a license as provided in section 48732.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.