April 24, 2018, Introduced by Reps. Bellino, Barrett and Noble and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 48703, 48703a, 48705, 48710, 48711, 48712,
48721, 48727, and 48735 (MCL 324.48703, 324.48703a, 324.48705,
324.48710, 324.48711, 324.48712, 324.48721, 324.48727, and
324.48735), section 48703 as amended by 2012 PA 471, section 48703a
as amended by 2016 PA 382, sections 48705 and 48710 as amended by
2018 PA 36, sections 48711, 48712, and 48727 as added by 1995 PA
57, section 48721 as amended by 2010 PA 30, and section 48735 as
amended by 2003 PA 270; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
48703. (1) A person An
individual shall not take, catch,
or kill or attempt to take, catch, or kill a fish in the waters of
this state with a grab hook, snag hook, or gaff hook, by the use of
a set or night line or a net or firearm or an explosive substance
or combination of substances that have a tendency to kill or
stupefy fish, or by any other means or device other than a single
line or a single rod and line while held in the hand or under
immediate control, and with a hook or hooks attached, baited with a
natural or artificial bait while being used for still fishing, ice
fishing, casting, or trolling for fish, which is a means of the
fish
taking the bait or hook in the mouth. A person An individual
shall not use more than 3 single lines or 3 single rods and lines,
or a single line and a single rod and line, and shall not attach
more
than 6 hooks on all lines. The department shall have the
authority
to commission may decrease the number of rods per angler.
However,
the department commission shall not reduce the number of
rods per angler to less than 2. For the purposes of this part, a
hook is a single, double, or treble pointed hook. A hook, single,
double, or treble pointed, attached to a manufactured artificial
bait
shall be is counted as 1 hook. The department commission may
designate waters where a treble hook and an artificial bait or lure
having
more than 1 single pointed hook shall must not be used
during
the periods the department commission
designates. In the
Great
Lakes or recognized smelt waters, any numbers of hooks,
attached
to a single line, may be used for the taking of smelt,
alewife,
or other bait fish.
(2)
A person An individual shall not set or use a tip-up or
other similar device for the purpose of taking fish through the ice
unless
the name and address of the person individual owning the
tip-up or other similar device is marked in legible English on the
tip-up or other similar device or securely fastened to it by a
plate or tag.
(3)
The department commission may issue an order to regulate
the taking of fish with a spear, bow and arrow, or crossbow in the
waters of this state.
(4)
The department commission may issue an order to regulate
the taking of fish with nets in the waters of this state.
Sec. 48703a. (1) The legislature finds and declares that
aquatic invasive species, including Asian carp, represent a
significant threat to the state's fisheries, aquatic resources,
outdoor recreation and tourism economies, and public safety.
(2) The commission has the exclusive authority to regulate
sport fishing under this part. The commission shall, to the
greatest extent practicable, utilize principles of sound scientific
management in making decisions regarding the regulation of sport
fishing under this part. The commission may take testimony from
department personnel, independent experts, and others, and review
scientific literature and data, among other sources, in support of
the commission's duty to use principles of sound scientific
management. The commission shall issue orders regarding the
regulation of sport fishing under this part following a public
meeting and an opportunity for public input. Not less than 30 days
before issuing an order, the commission shall provide a copy of the
order to each of the following:
(a) Each member of each standing committee of the senate or
house of representatives that considers legislation pertaining to
conservation, the environment, natural resources, recreation,
tourism, or agriculture.
(b) The chairperson of the senate appropriations committee and
the chairperson of the house of representatives appropriations
committee.
(c) The members of the subcommittee of the senate
appropriations committee and the subcommittee of the house of
representatives appropriations committee that consider the budget
of the department of natural resources.
(3)
For the fiscal year ending September 30, 2017, there is
appropriated
for the department the sum of $1,000,000.00 to
implement
management practices necessary for rapid response,
prevention,
control, or elimination of aquatic invasive species,
including
Asian carp. Any portion of the amount under this section
that
is not expended in the fiscal year ending September 30, 2017
shall
not lapse to the general fund but shall be carried forward in
a
work project account that is in compliance with section 451a of
the
management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 48705. (1) Reptiles, amphibians, mollusks, and
crustaceans may only be taken in a manner and during those times
prescribed by the commission. An individual taking, trapping,
catching, or fishing for reptiles, amphibians, mollusks, or
crustaceans
for their his or her personal use shall have a valid
fishing license issued under part 435.
(2) An individual shall not take, trap, catch, or fish for
reptiles or amphibians for commercial purposes.
(3)
The department may , pursuant to part 13, issue permits
under part 13 to take amphibians and reptiles at any season of the
year for scientific or educational purposes. The department may
revoke a permit issued under this subsection.
Sec. 48710. This part does not prohibit the use of a gaff,
except on or along trout streams, or a landing net to assist in
landing fish already caught by a lawful device. This part does not
apply
to a person an individual engaged in the business of
propagating fish under part 459 or to fish caught by a device for
which a lawful permit or license is obtained from the department
under this part.
Sec.
48711. A person An
individual shall not have in his or
her possession any net, set lines, jack or other artificial light
of any kind, dynamite, giant powder, or other explosive substance
or combination of substances, hook and line, or any other
contrivance or device to be used for the purpose of taking fish in
violation of this part or any other act or part. Any such property,
contrivance,
or device found in the possession of a person an
individual or found in a boat, boathouse, or any other place on any
of the waters of this state or along the shores of the waters of
this
state shall must be confiscated and disposed of in the manner
provided
by law. A person An
individual shall not have a gaff in
his or her possession on or along any trout stream in this state or
use, except from June 1 to Labor Day, on any trout stream a single
hook of any kind that is more than 3/8 inches between the point of
the hook and the shank. This section does not prohibit the use or
possession of minnow seines, minnow traps, or dip nets as provided
in section 48730 or the use and possession of seines, nets, spears,
or artificial lights for the use of which a lawful permit or
license
has been issued by the department. A person may have in his
or
her possession an artificial light of any kind for taking white
bass.
Commercial anglers who have
licenses to take fish in the
Great Lakes may have in their possession nets or hook lines for
that purpose only. In prosecutions for the violations of this
section, and in proceedings for the confiscation of the property
described in this section, the possession of any such property,
contrivance, or device or, when not found in possession of any
person,
individual, the presence of any such property in a boat,
boathouse, or any other place on the waters of this state or along
the shores of the waters of this state is prima facie evidence that
the property is owned, possessed, or used for the purpose of
violating this part. The possession of any such property,
contrivance, or device on the waters of this state that are closed
to all fishing during the closed season on or along those waters is
prima facie evidence that the property is owned, possessed, or used
for the purpose of violating this part. This act or any other act
does not apply to the department in its program in fisheries
management or in the control of aquatic vegetation by individuals
under permit issued by the department when, in the opinion of the
department, that control is not inimical to the public interest.
Sec.
48712. A person An
individual shall not catch any fish or
attempt to catch any fish in any manner in any lake, stream, or
pond or portion of any lake, stream, or pond that is used by the
state or federal government for the propagation of fish, except in
the
portion or portions of the lake, stream, or pond as may be
designated
by the department commission
as open to fishing.
Sec.
48721. (1) The department commission
shall issue an order
under part 411 establishing possession limits of fish consistent
with
this section. A person An
individual shall not possess more
than the daily possession limit or aggregate daily possession
limit, as applicable, of fish at the place where the fish were
taken or in route from that place to either of the following:
(a) His or her automobile or other principal means of land
transportation.
(b) His or her residence or temporary place of lodging.
(2)
In addition to 1 day's possession limit of fish, a person
an individual may possess an additional 2 days' possession limit of
fish that are processed by any of the following methods:
(a) Canning in a sealed container.
(b) Curing by smoking or drying.
(c) Freezing in a solid state.
(3)
A person's An individual's
processed fish aboard a vessel,
on
the water or at dockside, shall be are considered to be in the
person's
individual's possession for the purposes of subsection
(2).
(4)
A person An individual shall not possess a fish illegally
taken.
Sec.
48727. (1) On and after October 26, 1993, the snagging of
fish is illegal in this state.
(2)
The department shall manage fisheries on the Pere
Marquette
river at or above the site of the lamprey blocking weir.
Sec.
48735. (1) Subject to subsection (2), a person an
individual shall not take from any of the inland waters of this
state any fish in any manner for the purpose of fish culture or
scientific investigation without first obtaining a permit from the
department. ,
except that a person who is operating a private fish
pond
may take fish from his or her own pond for the purpose of
propagation,
scientific investigation, or sale under part 459.
(2)
The Subject to subsection
(5), the department may issue
permits to possess live game fish in public or private ponds,
pools, or aquariums under rules and regulations as the department
prescribes.
This subsection is subject to subsection (5).
(3) The department may cause to be taken from the inland
waters of this state any species of fish for the purpose of
obtaining spawn for fish culture or scientific investigation or for
the protection of the inland waters from ecological damage or
imbalance. In addition, the department may cause to be taken from
the inland waters of this state species of fish that are not
required to maintain the fishery resources of the inland waters.
All
fish taken under this subsection shall must be taken under the
supervision of a deputy of the department appointed for that
purpose and in accordance with the regulations of the department of
agriculture, and the fish may be sold or transferred by the
department.
(4)
A person Subject to
subsection (5), an individual shall
not import or bring any live game fish, including viable eggs of
any game fish, from outside of this state except under a permit
from the department or under part 459 and the rules promulgated in
accordance
with that part. A person An
individual shall not plant
any spawn, fry, or fish of any kind in any of the public waters of
this state or any other waters under the jurisdiction of this state
without first obtaining a permit from the department that states
the species, number, and approximate size or age of the spawn, fry,
or fish to be planted and the name and location of the waters where
the
spawn, fry, or fish shall are
to be planted. A permit is not
required to plant spawn, fry, or fish furnished by the federal or
state
government. This subsection is subject to subsection (5).
(5) A permit under subsection (2) or (4) does not include a
genetically engineered variant of a fish species identified in the
permit unless the genetically engineered variant is specifically
identified in the permit. A permit under subsection (2) or (4) may
be limited to a genetically engineered fish.
(6)
A permit under this section shall must be exhibited upon
the request of any law enforcement officer.
(7) The department shall annually report to the legislature
all
fish sold or transferred pursuant to under this part.
Enacting section 1. Sections 48704, 48708, 48714, 48715,
48716, 48717, 48718, 48719, 48720, 48725, and 48733 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.48704, 324.48708, 324.48714, 324.48715, 324.48716, 324.48717,
324.48718, 324.48719, 324.48720, 324.48725, and 324.48733, are
repealed.