April 10, 2018, Introduced by Senator GREEN 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 47301, 47302, 47303, 47305, 47306, 47307,
47308, 47309, 47310, 47311, 47312, 47313, 47314, 47315, 47316,
47317, 47318, 47320, 47321, 47322, 47323, 47324, 47325, 47326,
47327, 47328, 47329, 48716, and 48724 (MCL 324.47301, 324.47302,
324.47303, 324.47305, 324.47306, 324.47307, 324.47308, 324.47309,
324.47310, 324.47311, 324.47312, 324.47313, 324.47314, 324.47315,
324.47316, 324.47317, 324.47318, 324.47320, 324.47321, 324.47322,
324.47323, 324.47324, 324.47325, 324.47326, 324.47327, 324.47328,
324.47329, 324.48716, and 324.48724), sections 47301, 47302, 47305,
47306, 47307, 47308, 47309, 47310, 47311, 47312, 47313, 47314,
47315, 47316, 47317, 47318, 47320, 47321, 47322, 47323, 47324,
47325, 47326, 47327, 47328, 47329, and 48724 as added by 1995 PA
57, section 47303 as amended by 2004 PA 587, and section 48716 as
amended by 2014 PA 145, and by adding section 47304; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
47301. All fish of whatever kind found in the waters of
Lakes
Superior, Michigan, Huron, and Erie, commonly known as the
Great
Lakes, the bays of the Great Lakes, and the connecting waters
between
those lakes within the jurisdiction of this state are the
property
of the state, and taking the fish from those waters is a
privilege.
All fish in waters described in this section shall be
taken,
transported, sold, and possessed only in accordance with
this
part. As used in this part:
(a) "Abandoned gear" means any commercial net, hooks, or other
gear found on the waters of this state with which a licensee has
done any of the following:
(i) Discarded, disowned, or dispossessed.
(ii) Failed to recover within a reasonable period of time
following knowledge of the gear's location.
(iii) Intentionally altered or removed the gear's ownership
identification tags or similar markings.
(iv) Failed to immediately restore the gear's lost or
destroyed ownership identification tags or similar markings
following knowledge of the absence or destruction of the tags or
markings.
(b) "Aquatic species" means fish, reptiles, amphibians,
mollusks, and crustaceans, including their parts, eggs, and
products.
(c) "Bycatch" means the nontarget, nonlegal, or undersized
fish that are inadvertently caught in commercial fishing gear while
in the act of fishing for legal commercial fish species.
(d) "Commercial" means buying, offering for sale, selling,
bartering, giving, or furnishing to others any aquatic species or
parts thereof, including roe, for anything of value.
(e) "Commercial fish species" means only those aquatic species
that are authorized for commercial harvest under this part.
(f) "Commercial net" means any of the following:
(i) A fyke net.
(ii) A hoop net.
(iii) A gill net.
(iv) An impoundment net.
(v) A pound net.
(vi) A seine net.
(vii) A trap net.
(viii) A trawl net.
(g) "Department" means the department of natural resources.
(h) "Director" means the director of the department of natural
resources.
(i) "Dressed fish" means a fish with the head and tail
attached but with the gills and the entire gut or viscera removed.
(j) "Fish" means any fish, fish parts, roe, or fish products.
(k) "Fish in the round" means a fish that is entirely intact
as it was taken out of the water with no part or insides removed.
(l) "Fyke net" and "hoop net" mean a long, bag-shaped
impoundment net held open by hoops or frames and having 1 or more
internal funnel-shaped throats that taper from the mouth of the net
toward the pot.
(m) "Game fish" means, except as otherwise provided in this
subdivision, that term as defined in section 48701. Game fish does
not include black crappie (Pomoxis nigromaculatus) or white crappie
(Pomoxis annularis).
(n) "Gill net" means a vertical stationary wall of net in
which fish are caught by entanglement.
(o) "Great Lakes" means those portions of Lake Superior, Lake
Michigan, Lake Huron, and Lake Erie, including the bays of those
lakes, that fall within the boundaries of this state.
(p) "Great Lakes connecting waters" means those portions of
Lake St. Clair, the St. Clair River, the St. Marys River, and the
Detroit River that fall within the boundaries of this state.
(q) "Harvest limit", "harvest quota", or "total allowable
catch" means a specific limit on the amount of fish in pounds that
may be harvested by a licensed commercial fisher. The harvest
limit, harvest quota, or total allowance catch is established by
specific
condition on the person's license or permit.
(r) "Illegal fish" means any fish taken or possessed in
violation of this part or not authorized by the laws of the tribes
of this state or, if imported, not authorized by the laws of the
state, country, or tribal authority where imported from. Illegal
fish includes fish that have not been reported or for which a
record has not been created as required. Species listed as a
prohibited transgenic or nonnative organism in part 413 may not be
possessed or sold live and are considered illegal.
(s) "Impoundment net" means a net designed to capture fish by
deflection and to retain them in a live condition until removed.
(t) "Licensed commercial fisher" means a person that has been
issued a commercial fishing license under section 47304.
(u) "Live car" or "live fish car" means a nonmotorized and
nonsteerable floating box or hold that is towed behind the licensed
commercial vessel for the exclusive purpose of holding or
transporting live fish.
(v) "Overall vessel length" means the minimum distance between
the extreme outside end of the bow and the stern rounded to the
nearest whole foot.
(w) "Person" means an individual, firm, company, partnership,
copartnership, association, or corporation.
(x) "Pound net" means a stationary impoundment net consisting
of a lead, heart, tunnels, and pot, supported by a series of stakes
or pilings, that traps fish inside a box-like net enclosure that is
open above the surface of the water.
(y) "Processed condition" means the physical form of the fish
and is referred to as dressed, round, fillet, dressed headed, or
roe.
(z) "Purchase" means to buy, acquire, or obtain or attempt to
buy, acquire, or obtain for exchange of value, goods, or services.
(aa) "Record" includes any material on which information is
recorded or preserved, regardless of physical form, that relates to
the production, storage, transportation, purchase, sale, trade,
barter, or other acquisition or disposition of fish by a licensed
commercial fisher or wholesale fish dealer.
(bb) "Retail fish dealer" means a person or retail store,
locker plant, restaurant, hotel, tavern, meat market, grocery
store, or other establishment, or club, that sells fish to the
final consumer or sells fish for resale at no reduction in retail
price.
(cc) "Roe" means the eggs of any species of fish.
(dd) "Saginaw Bay" means the area south and west of a straight
line from Point Lookout in Arenac County to Sand Point in Huron
County and inclusive of an area north and east of Sand Point within
the following boundaries: commencing at the monument on the
westerly end of Sand Point (lat 43.54.58 long 083.24.19), thence
easterly to the section line between section 7, T17N, R10E and
section 12, T17N, R9E (lat 43.54.81 long 083.21.65); thence on a
line due north for 2 miles (lat 43.56.55 long 083.21.65); thence on
a line due west to a point due north of the monument on Sand Point
(lat 43.56.56 long 083.24.19); thence southerly to the point of
beginning.
(ee) "Seine net" means a mesh net with weights on 1 edge and
floats on the opposite edge that hangs vertically in the water and
is used to enclose fish when its ends are either pulled together or
drawn ashore.
(ff) "Set hook lines" means a long fishing line with a series
of hooks on short separate leaders attached to the main line.
(gg) "Take" and "taking" means to fish for by any method,
catch, kill, capture, trap, harvest, or shoot any aquatic species
or to attempt to engage in any such activity.
(hh) "Total fish length" means the straight line from the tip
of the snout to the utmost end of the tail with the mouth closed
and the caudal rays of the tail fin squeezed together.
(ii) "Trap net" means a stationary impoundment net consisting
of a lead, heart, tunnels, and pot, held in place by anchors and
floats, that traps fish inside a box-like net enclosure that is not
open above the surface of the water.
(jj) "Trawl net" means any net that is actively towed through
the water by a vessel in order to capture fish.
(kk) "Type of fish" means the status of the fish and is
referred to as live, fresh, frozen, or smoked. Type, when
referencing roe, is described as unprocessed or processed.
(ll) "Unattended gear" means any commercial net, hooks, or
other gear that has not been utilized or lifted and cleared of fish
by the licensed commercial fisher for a period of 10 days or that
contains decayed fish in amounts that indicate a prolonged period
without being tended. This does not pertain to nets that have been
properly reported and rendered unfishable as prescribed by the
department.
(mm) "Undersized fish" means a fish of a smaller than legal
size as established by this act, by administrative rule, by order
of the director, or as set by specific license condition.
(nn) "Unfishable" means any commercial net, hook, or other
gear that has been rendered inoperable as prescribed by the
department.
(oo) "Vessel" means every description of watercraft used or
capable of being used as a means of transportation on water,
including, but not limited to, any rowboat, sailboat, powerboat,
motorboat, scow, tug, or launch.
(pp) "Wholesale fish dealer" means a person that buys,
barters, obtains, sells, solicits, or processes fish in any manner,
for itself or any other person, for sale to someone other than the
final consumer. Wholesale fish dealer includes any of the
following:
(i) A fish or food broker that acquires, solicits, obtains,
buys, sells, or trades fish on behalf of another person.
(ii) A fish processor that processes fish for itself or
someone else, for sale or trade by the owner of the fish to someone
other than the final consumer.
(iii) A crew member of a licensed commercial fisher who sells
fish received as his or her share of the catch, received as payment
for his or her work, or who retains part or all of the sale
proceeds.
(qq) Wholesale fish dealer does not include:
(i) A licensed commercial fisher if that licensed commercial
fisher is only selling the fish that it catches.
(ii) A retail store or locker plant if that retail store or
locker plant is only selling fish to a restaurant, hotel, or tavern
at no reduction in the retail price charged other retail customers.
Sec.
47302. (1) Notwithstanding the provisions of this or any
other
part or act, the department, when in the department's opinion
it
is necessary for the better protection, preservation,
management,
harvesting, and utilization of the fisheries in the
waters
described in section 47301 may limit the number of fishing
licenses
to be issued under this part and fix and determine the
qualifications
of persons to whom licenses are issued. In
determining
the number of licenses that the department issues
during
any license year, the department shall consider the number
of
persons holding licenses, the number of licensees needed to
harvest
the fish known or believed to be harvestable, the capacity
of
the boats and equipment owned and used by licensees to harvest
those
fish, and any other facts that may bear upon the allowing of
a
limited number of licensed persons to engage in commercial
fishing
in an economical and profitable manner. In determining the
qualifications
of the licensees, the department shall consider the
kind,
nature, and condition of the boats and fishing equipment and
gear
to be used by the applicant, the years of experience the
applicant
has had in commercial fishing, and the quantity and kinds
of
fish that the applicant has caught during the previous 5 years,
and
other facts that may assist the department in determining that
the
applicant is capable of engaging in commercial fishing in a
proper
and profitable manner and will comply with the laws
applicable
to commercial fishing.
(2)
In addition to the requirements of this part and rules
promulgated
under this part, the license issued by the department
may
contain provisions that do 1 or more of the following:
(a)
Establish the amount of fish to be taken by species and
kind.
(b)
Designate the areas in which the licensee is permitted to
fish.
(c)
Specify the season when and the depths where the licensee
may
conduct commercial fishing operations.
(d)
Specify the methods and gear that the licensee shall use.
(e)
Specify other conditions, terms, and restrictions that are
considered
necessary in implementing this part, including, but not
limited
to, the right to inspect the licensee's fishing operations
in
the waters, on board, or ashore.
(3)
All licenses issued by the department pursuant to this
part
expire on December 31 of the year in which issued.
(4)
The department may suspend or revoke any license issued
under
this part if the licensee fails to fulfill or violates any of
the
conditions, terms, or restrictions of the license. The
department
shall afford the licensee a hearing in accordance with
the
administrative procedures act of 1969, Act No. 306 of the
Public
Acts of 1969, being sections 24.201 to 24.328 of the
Michigan
Compiled Laws. Any person whose license has been suspended
or
revoked is not eligible to apply for or receive a license for
the
ensuing 2 calendar years following the suspension or
revocation.
(5)
Any licensee licensed on November 15, 1968 has the right
to
have his or her license renewed from year to year by the
department
if the licensee continues to meet the qualifications set
forth
in this section and the qualifications specified in any rules
promulgated
under this section regardless of the determination of
the
number of licenses to be issued under this part. Licenses
described
in this section are not transferable without the
permission
of the department.
(1) All fish found in the waters of the Great Lakes and the
Great Lakes connecting waters are the property of the state, and
taking the fish from those waters is a privilege. All fish in
waters described in this section must be taken, transported, sold,
and possessed only in accordance with this part. This part does not
apply to sport fishing regulated under part 487.
(2) The department may do either of the following:
(a) Take fish or issue permits for others to take fish in any
manner, in any of the waters mentioned in this part, during any
season of the year, for the purpose of scientific investigation,
fisheries assessment, fisheries utilization, fisheries management,
or fish culture; have and hold ripe and unripe fish; sell some or
all of those ripe and unripe fish; direct the sale of those ripe
and unripe fish; and devote the proceeds of sales toward defraying
the expenses incurred.
(b) Take fish for the purpose of scientific investigation,
fisheries assessment, fisheries utilization, fisheries management,
or fish culture harvested by any person licensed under this part to
commercially fish in the waters mentioned in this part. If the
department takes fish under this subdivision, the fish must be
weighed and paid for. The price paid for the fish must be based on
the fair market value or at any other price as may be agreed upon
by the person or persons taking the fish and the department, plus
the cost of transportation, if any.
(3) The department shall not authorize a person licensed under
this part to take fish under any license except as provided under
section 47304.
Sec.
47303. The department shall provide financial
remuneration
to the state for fish taken for commercial purposes by
collection
from the licensee of not more than 5% of the price
received
by the licensee. Money received shall be credited to the
game
and fish protection account of the Michigan conservation and
recreation
legacy fund provided for in section 2010 to be used in
the
development and management of the fisheries resource.
(1) A person shall not obstruct or interfere in the lawful
taking of an aquatic species.
(2) A person violates this section if the person intentionally
or knowingly does any of the following:
(a) Operates a vessel or a device designed to be used on the
water that does not meet the definition of vessel in a manner
likely to significantly alter the behavior of aquatic species in
order to hinder or prevent the lawful taking of an aquatic species.
(b) Wades or swims in a manner or at a location likely to
cause a significant alteration in the behavior of aquatic species
in order to hinder or prevent the lawful taking of an aquatic
species.
(c) Tosses, drops, or throws any stone, rock, or other inert
material in order to hinder or prevent the lawful taking of an
aquatic species.
(d) Drives, herds, or disturbs any aquatic species in order to
hinder or prevent the lawful taking of an aquatic species.
(e) Blocks, impedes, or harasses another person who is engaged
in the process of lawfully taking an aquatic species.
(f) Uses a natural or artificial visual, aural, olfactory,
gustatory, or physical stimulus to affect animal behavior in order
to hinder or prevent the lawful taking of an aquatic species.
(g) Erects barriers to deny ingress or egress to waters where
the lawful taking of an aquatic species may occur. This subdivision
does not apply to a person who erects barriers to prevent
trespassing on his or her property.
(h) Interjects himself or herself into the area where nets or
fishing lines are cast by a person lawfully taking an aquatic
species.
(i) Affects the condition or placement of personal or public
property intended for use in the lawful taking of an aquatic
species in order to impair the usefulness of the property or
prevent the use of the property.
(j) Enters or remains upon private lands without the
permission of the owner or the owner's agent, for the purpose of
violating this section.
(k) Engages in any other act or behavior for the purpose of
violating this section.
(3) Upon petition of an aggrieved person or a person who
reasonably may be aggrieved by a violation of this section, a court
of competent jurisdiction, upon a showing that a person was engaged
in and threatens to continue to engage in illegal conduct under
this section, may enjoin that conduct.
(4) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not less than $500.00 or more than $5,000.00, or both,
and the costs of prosecution. A person who violates this section a
second or subsequent time is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not less than
$1,000.00 or more than $10,000.00, or both, and the costs of
prosecution. In addition to the penalties provided in this
subsection, any permit or license issued by the department
authorizing the person to take aquatic species must be revoked for
1 year. A prosecution under this section does not preclude
prosecution or other action under any other criminal or civil
statute.
(5) This section does not apply to a peace officer while the
peace officer performs his or her lawful duties.
Sec. 47304. (1) A person shall not use any kind of vessel, net
or nets, set hook lines, or other commercial device authorized in
this section for the purpose of taking or transporting fish for a
commercial purpose or for personal use in any of the waters of the
state without having first applied for and having been issued a
license for that activity by the department.
(2) Notwithstanding the provisions of this part, any other
part, or any other act, the department, when in the department's
opinion it is necessary for the better protection, preservation,
management, harvesting, and utilization of the fisheries in the
waters described in section 47302(1), may limit the number of
fishing licenses to be issued under this part and fix and determine
the qualifications of persons to whom licenses are issued under
this part. In determining the number of licenses that the
department issues during any license year, the department shall
consider the number of persons holding licenses, the number of
licensees needed to harvest the fish known or believed to be
harvestable, the capacity of the vessels and equipment owned and
used by licensees to harvest those fish, and any other facts that
may bear upon the allowing of a limited number of licensed persons
to engage in commercial fishing in an economical and profitable
manner.
(3) To obtain a license under this part, a person shall submit
an application for that license to the department on a form
provided for that purpose by the department, accompanied by the fee
required under this part. The application must state the name and
residence of the applicant, the manner in which he or she proposes
to fish, the name or number of the vessel, the overall length of
the vessel, the name of the port from which the vessel will
operate, the number and kind of net or nets and hooks or other gear
which he or she intends to use, and any other information required
by the department.
(4) An applicant for a commercial fishing license shall submit
an application annually not less than 30 days before fishing
operations are expected to commence or electronically submit the
application on or before November 15 of the current license year.
In addition to the qualifications in this part, to be eligible for
a license an applicant must have been issued a commercial fishing
license in this state for the immediately preceding year or legally
transferred the ownership of a commercial fishing license in this
state that was issued for the immediately preceding year.
(5) In addition to the requirements of this part and rules
promulgated under this part, a license issued by the department may
contain provisions that do 1 or more of the following:
(a) Establish the amount of fish to be taken by species and
kind.
(b) Designate the areas in which the licensee is authorized to
fish. If not specifically designated by license condition, a
licensee may fish waters open to commercial fishing within a
maximum radius of 50 miles of the home port specified on the
license.
(c) Specify the season when and the depths where the licensee
may conduct commercial fishing operations.
(d) Specify the type and amount of gear that the licensee is
allowed to use.
(e) Designate the ports where fish may be landed and vessels
must be docked while in the act of commercial fishing. Unless
specifically stated otherwise, all fish must be landed at the ports
listed on the license.
(f) Specify other conditions, terms, and restrictions that are
considered necessary in implementing this part, including, but not
limited to, the right to inspect the licensee's fishing operations
in the waters, on board, or ashore.
(g) List the authorized vessels to be used. Single or multiple
vessels may be added to a license upon application by the license
holder and approval of the director. However, individual vessels
may not be listed on more than 1 license at a time.
(h) Specify the time period required for tending or lifting
commercial fishing gear. If a commercial fisher cannot tend nets
within the specified time frame, the commercial fisher shall
contact the department with the location of the gear and an
estimated lift date.
(6) All licenses issued by the department under this part
expire on December 31 of the year in which the license was issued.
(7) A violation of a license condition is a violation of this
part. In addition to applicable fines or restitution as described
in this part, the department may suspend or revoke any license
issued under this part if the licensee fails to fulfill or violates
any of the conditions, terms, or restrictions of the license. The
department may also suspend or revoke any license issued under this
part if the licensee violates any statute, administrative rule, or
fisheries order pertaining to commercial fishing. The department
shall afford the licensee a hearing in accordance with the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328. Any person whose license has been suspended or revoked is
not eligible to apply for or receive a commercial fishing license
under this section for the ensuing 2 calendar years following the
suspension or revocation.
(8) A license described in this section is not transferable
without the permission of the department. In determining the
qualifications of any new applicant to which a license transfer is
being proposed, the department may consider any of the following:
(a) Any violations of this act during the previous 5 years.
(b) Any violations of a law of the United States, another
state, or another country substantially corresponding to a
violation of this act during the previous 5 years.
(c) Any other facts that may assist the department in
determining that the applicant is capable of engaging in commercial
fishing in a proper and profitable manner and will comply with the
laws applicable to commercial fishing.
Sec.
47305. For the purpose of carrying out this section and
sections
47302 and 47303, the department may promulgate rules as
may
be necessary.
(1) The department shall establish a commercial fishing
advisory committee, consisting of the following 9 members:
(a) A licensed commercial fisher that holds a license to
commercially fish in Lake Superior.
(b) A licensed commercial fisher that holds a license to
commercially fish in Lake Michigan.
(c) A licensed commercial fisher that holds a license to
commercially fish in Lake Erie.
(d) A licensed commercial fisher that holds a license to
commercially fish in Lake Huron but not in Saginaw Bay.
(e) A licensed commercial fisher that holds a license to
commercially fish in Saginaw Bay.
(f) The president of the Michigan Fish Producers Association
or his or her designee.
(g) A wholesale fish dealer that is not also a licensed
commercial fisher.
(h) The president of the Michigan Charter Boat Association.
(i) A sport fishing angler representing the sport fishing
community.
(2) The department may, with the support of the majority of
the members of the commercial fishing advisory committee, issue
orders for the purpose of carrying out this part.
(3) If a majority of the members of the commercial fishing
advisory committee do not support an order proposed by the
department, the department may promulgate rules for the purpose of
carrying out this part.
(4) The department may issue orders without the approval of a
majority of the commercial fishing advisory committee considered
necessary by the department to protect any species of fish that
may, in the opinion of the department, after a thorough
investigation, be threatened from any cause or causes with
depletion or extermination in the waters of the state. Orders
issued under this subsection expire 1 year after the effective date
of the order.
Sec.
47306. A person shall not place or set any kind of a net
or
set hook lines or take or attempt to take any kind of fish with
a
net or set hook lines, except minnow seines as provided in
section
47309, in any of the connecting waters between Lake
Superior
and Lake Huron and the connecting waters between Lake
Huron
and Lake Erie. For the purposes of this part, the connecting
waters
between Lake Superior and Lake Huron are all of that part of
the
straits of St. Mary in this state, extending from a line drawn
from
Birch point range front light to the most westerly point of
Round
island, thence following the shore of Round island to the
most
northerly point thereof, thence from the most northerly point
of
said Round island to Point Aux Pins light, Ontario, to a line
drawn
east and west from the most southerly point of Little Lime
island;
and the connecting waters of Lake Huron and Lake Erie are
all
of the St. Clair river and all of lake St. Clair and all of the
Detroit
river extending from fort Gratiot light in Lake Huron to a
point
in the lower Detroit river where the center line of Oak
street,
city of Wyandotte, Wayne county, Michigan, extended due
east,
would intersect the international boundary line. The boundary
line
between Lake Michigan and Lake Huron is a line extending due
north
from old Mackinac point lighthouse across the straits of
Mackinac.
(1) A person shall not take or catch fish with any commercial
gear from the following waters:
(a) In any connecting waters of Lake Superior and Lake Huron
and the connecting waters of Lake Huron and Lake Erie. As used in
this subdivision:
(i) "Connecting waters of Lake Huron and Lake Erie" means all
of the St. Clair River and all of Lake St. Clair and all of the
Detroit River extending from Fort Gratiot Light in Lake Huron to a
point in the lower Detroit River where the center line of Oak
Street, city of Wyandotte, Wayne County, Michigan, extended due
east, would intersect the international boundary line.
(ii) "Connecting waters of Lake Superior and Lake Huron" means
that part of the straits of the St. Marys River in this state
extending from a line drawn from Birch Point Range Front Light to
the most westerly point of Round Island, then following the shore
of Round Island to its most northerly point, then from the most
northerly point of Round Island to Point Aux Pins Light, Ontario,
to a line drawn east and west from the most southerly point of
Little Lime Island.
(b) Around any stream, river, or outlet of an inland lake
emptying into the Great Lakes or bays of the Great Lakes, as
follows:
(i) Within 1/2 mile on either side of the mouth of any stream,
river, or outlet capable of supporting navigable vessels drawing 10
feet of more, leaving an open channel of 1 mile in width and
extending at right angles from the shoreline 1 mile out from shore
and 2 miles in width for the second mile from shore, for the free
passage of fish and vessel traffic. For the purpose of this
subparagraph, the shore commences at the average low-water mark. If
the location of the open channel or the average low-water mark is
in dispute, the department shall determine the location of the open
channel or low-water mark.
(ii) Within 1/8 mile on either side of the mouth of all
remaining rivers, streams, or outlets not covered in subparagraph
(i), leaving an open channel of 1/4 mile in width and extending at
right angles from the shoreline 1/2 mile out from shore for the
free passage of fish. For the purpose of this subparagraph, the
shore commences at the average low-water mark. If the location of
the open channel or the average low-water mark is in dispute, the
department shall determine the location of the open channel or low-
water mark.
(c) Within a radius of 1/2 mile of any public dock or pier.
(d) In the waters of Lake Superior within a radius of 1/2 mile
from the mouth of the Two Hearted River located in T50N, R9W, Luce
County.
(e) I n the waters of Lake Michigan within a radius of 2
miles from Charlevoix South Pierhead Light, located at the mouth of
the Pine River in Charlevoix County.
(f) In the waters of Marquette Bay, beginning with a line from
the Presque Isle breakwater on the south southeast period line to
the east side of section 8 opposite the mouth of the Chocolay
River.
(g) In the waters of the East Bay and West Bay, Grand Marais
Harbor, and in the waters of Lake Superior within 2 miles on either
side of the range lights at the entrance to Grand Marais Harbor,
extending out to 180 feet of water, all in Alger County, Michigan.
(h) In the waters of False Presque Isle Bay west of a line
commencing at the 1/4 post between sections 13 and 24 in T33N, R8E;
then north across the Bay of False Presque Isle to 1/4 post between
sections 12 and 13, T33N, R8E, in Presque Isle County.
(i) In the waters of Presque Isle Harbor and that portion of
Lake Huron within a line between Presque Isle Light in section 8,
T34N, R8E, and South Albany Point in section 22, T34N, R8E, in
Presque Isle County.
(j) In the waters of Thunder Bay west of a line from north
point in section 6, T30N, R10E, to south point in section 26, T29N,
R9E, in Alpena County.
(k) In the waters of Whitney Bay or any waters' tributary to
that bay in the township of Drummond, Chippewa County.
(l) In the waters of northern Lake Huron known as Pike Bay and
Island Harbor within a line drawn from the most southerly point of
section 17, T41N, R5E, on Drummond Island to the most westerly
point of Espanore Island; then southerly and easterly along the
shore to the most southerly point of Espanore Island; then due east
to the mainland of Drummond Island.
(m) In the waters of that part of the Straits of Mackinac,
within 1 mile from the shoreline, from a point where the section
line between sections 22 and 23, T40N, R4W, intersects the Straits
of Mackinac, and running from there easterly to where the west line
of the city limits of the city of St. Ignace intersects the Straits
of Mackinac, and with 1/2 mile from there easterly and northerly to
where the north line of the city of St. Ignace intersects Lake
Huron or the Straits of Mackinac.
(n) In the waters of Houghton County, commencing at the
northerly entrance to Portage Lake Ship Canal and within 1/2 mile
in all directions from the canal entrance inside of the
breakwaters.
(o) In the waters of Huron Bay. As used in this subdivision,
"waters of Huron Bay" means the area south of an east and west line
beginning at the meander corner between sections 14 and 23, T52N,
R31W, and running west to the meander corner between sections 15
and 22, T52N, R31W, in Baraga County.
(p) In the waters of Duncan Bay, Lake Huron, lying south of a
line drawn west from Cheboygan Point Lighthouse on Lighthouse Point
to a point where the easterly boundary line of Beau Grand Township
meeting the westerly boundary line of the corporate limits of the
city of Cheboygan extended due north would intersect the waters of
Lake Huron.
(q) In the waters of Munising and Murray Bays of Lake
Superior. As used in this subdivision, "waters of Munising and
Murray Bays of Lake Superior" means those waters of Munising and
Murray Bays of Lake Superior lying westerly of a line drawn from
Sand Point in section 19, T47N, R18W, to the eastern end of the
eighth line dividing lots 1 and 2 in the northeast quarter of
section 24, T47N, R19W, and easterly of a line drawn from the
southern end of the quarter line between lots 2 and 3 of section
22, T47N, R19W, to the northern end of the quarter line between
lots 2 and 3 in section 27, T47N, R19W.
(r) Lake Superior waters of depth less than 360 feet between
the mouth of the Montreal River in section 10, T48N, R49W, Gogebic
County, and the mouth of the Fire Steel River in section 1, T52N,
R39W, Ontonagon County.
(s) Lake Superior waters south of a line from Traverse Point
in section 22, T55N, R31W, Houghton County, to the mouth of the
Huron River, section 18, T52N, R30W, Marquette County.
(t) Lake Superior waters within 4-1/2 miles of the shoreline
of Isle Royale and surrounding islands.
(u) Lake Superior waters of depths less than 360 feet between
Au Sable Point in section 2, T50N, R15W, Alger County, and Crisp
Point in section 1, T50N, R8W, Luce County, extending to the
international boundary.
(v) Lake Michigan waters south and east of a line from Grand
Traverse Light Station in section 6, T32N, R10W, Leelanau County,
to the village of Good Hart in section 25, T37N, R6W, Emmet County.
(w) Lake Huron waters southwest of a line from Hammond Bay
Harbor Light in section 25, T37N, R2E, to Forty Mile Point Light
Station in section 23, T36N, R4E, Presque Isle County.
(x) Lake Huron waters west of a line from Tawas Point in
section 34, T22N, R8E, Iosco County, to Point Lookout in section
13, T19N, R7E, Arenac County.
(y) Lake Huron waters in Saginaw Bay, commonly referred to as
Wild Fowl Bay, east of a line extending from Fish Point, Tuscola
County, to the westerly point of Heisterman Island, to the westerly
point of North Island; thence to the westerly end of Sand Point in
Huron County.
(z) From June 10 to September 10, waters of Lake Huron less
than 18 feet in depth along that portion of the shore lying between
the south line of section 12, T26N, R9E, extended east into the
waters of Lake Huron near Harrisville, to the south line of section
6, T18N, R7E, extended east into the waters of Lake Huron near Au
Gres Point.
(2) A person shall not take any of the species of fish known
as perch with gill nets, pound nets, trap nets, seines, setlines,
or set hooks, or any other device except a hook and line, and a
person shall not set any nets of any description for the taking of
perch within 200 feet of any dock in the waters of Northport Harbor
and within a line beginning at the extreme southern end of lot 3,
section 36, T32N, R11W of Northpoint Point at the water's edge;
thence on a line southerly across Northport Bay to Bellows Island;
thence southerly on a line from Bellows Island to most northerly
point of lot 3, section 25, T31N, R11W; thence due west to the east
shore of lot 1, section 25, T31N, R11W; thence northerly following
the bay shore to the place of beginning. A person shall not set any
trap or pound net in that part of Northport Harbor north of a line
beginning at the extreme southern end of lot 3, section 36, T32N,
R11W of Northport Point at the water's edge and extending west to
the town line between 31 north and 32 north in the village of
Northport.
(3) A person shall not place or set any kind of net or set
hook lines or take or attempt to take any kind of fish with a net
or set hook lines, except minnow seines, as provided in section
47307, in the connecting waters of Lake Superior and Lake Huron,
Whaiska Bay, and also including all waters lying southerly to a
line drawn from the most southeasterly point of lot 1, section 32,
T47N, R2W, and extending easterly to the most westerly point of
Round Island.
Sec.
47307. A person shall not set any net, set hook lines, or
other
device for the purpose of taking or catching fish within 160
rods
on either side of the thread of the stream at the mouth of any
river
or outlet of an inland lake emptying into Lakes Superior,
Michigan,
Huron, or Erie, commonly known as the Great Lakes, or the
bays
of the Great Lakes, navigable for vessels drawing 10 feet or
more,
leaving an open channel of 1 mile in width for the free
passage
of fish, extending at right angles from the shoreline as
near
as may be, 2 miles from shore. However, within the next 1/2
mile
on either side of any such rivers or outlets of inland lakes,
nets,
set hook lines, or other devices shall not be used for the
purpose
of taking fish that will extend a greater distance than 1
mile
from shore. The purpose of the limitations in this section is
to
leave an open channel of 1 mile in width 1 mile out, and 2 miles
in
width for the second mile out, for the free passage of fish. No
net
or other device for taking fish shall be set or used within 40
rods
on either side of the thread of the stream at the mouth of any
other
river or the outlet of any other inland lake leaving an open
channel
of 80 rods in width for the free passage of fish, extending
at
right angles with the shoreline as near as may be 2 miles out
from
shore. For the purpose of this section, the shore commences at
the
average low-water mark. If the location of the open channel or
the
average low-water mark is in dispute, this location shall be
determined
by the department. Except as provided in sections 47311
and
47313, a person may at all times catch any kind of fish in all
of
the waters named in this part, and from the docks, harbors of
refuge,
or breakwaters, with a hook and line except largemouth
black
bass, smallmouth black bass, bluegills, sunfish, brook or
speckled
trout, rainbow and steelhead trout, brown and Loch Leven
trout,
northern pike, pike-perch, perch, or muskellunge, which
shall
only be taken or possessed in the manner and at the time
specified
by the laws of this state protecting those fish. A person
may
also spear carp, suckers, mullet, redhorse, sheepshead, lake
trout,
herring, smelt, perch, pike-perch, northern pike,
muskellunge,
sturgeon, whitefish, ciscoes, pilot fish or menominee
white
fish, catfish, dogfish, and garpike through the ice in the
connecting
waters as defined in this part.
(1) Except as otherwise prohibited by law, a person
specifically authorized by license condition may use set hook lines
for the purpose of taking fish in the waters of the Great Lakes.
(2) The director may authorize by license condition the use of
trawls, and regulate their use, including, but not limited to, the
kind and size of the trawls, the size of mesh in the trawls, and
the areas, depths of water, and time and manner in which the trawls
may be used. The director may regulate the use of trawls for taking
any commercial species of fish he or she may designate.
(3) A person shall not possess or use on board any commercial
vessel, in the waters, or on the ice of the Great Lakes any pound
or trap net, gill net, seine net, or any fixed, set, or movable net
of any kind or description, the meshes of which are different than
the following:
(a) Gill nets with meshes from 2-3/8 inches to 3 inches,
inclusive, may be set in depths to be determined at the discretion
of the director for the purpose of taking chubs, menominee, and
other commercial species designated by the director. These nets may
be used in open waters wherever and whenever their incidental take
of game fish will not exceed 10% by weight of the total fish
harvested, that percentage to be determined by the department, by
inspection of the fish taken in the nets. The department shall
remove or cause to be removed any net if the department determines
that the net is taking more fish of species other than chubs,
menominee, or any other commercial species designated by the
director than allowed by this section.
(b) Gill nets with meshes greater than or equal to 8 inches
may be used in the waters of Saginaw Bay for taking carp or other
commercial species to be designated by the director.
(c) Pound nets with meshes greater than or equal to 4-1/2
inches in the lifting pot or crib and in the heart and tunnel, and
with meshes greater than or equal to 5 inches in the lead, may be
used for taking whitefish. In the pound nets, meshes less than or
equal to 3-1/2 inches may be used in 1 side of the pot or in the
back, being that part of the pot opposite the tunnel entrance. In
fishing with the pound nets, or any other pound nets permitted by
this part, the crib or pot and hearts and lead must extend to or
above the surface of the water, the crib or pot and hearts must be
entirely open at the top, and the sides or walls of the pot or crib
and of the hearts must be held vertically as near as possible and
have 5 or more stakes driven into the earth at the bottom of the
lake to hold the net in place. A person shall not set a pound net
or any part of the webbing permitted under this part in water of a
depth greater than 80 feet. Pound nets fished through the ice may
be held in place by fastening them to the ice without the use of
stakes.
(d) Trap nets, fyke nets, and hoop nets with meshes greater
than or equal to 4-1/2 inches in the lifting pot or crib and in the
heart and tunnel and with meshes greater than or equal to 5 inches
in the lead may be used for taking whitefish. In trap nets, fyke
nets, and hoop nets with meshes greater than or equal to 4-1/2
inches in the lifting pot, meshes less than or equal to 3-1/2
inches may be used in that part of the tunnel inside the pot, in
the entire front of the pot, and in the front portion of the pot
including the connecting side, top, and bottom walls for a distance
up to 16 feet, but not to exceed 1/3 of the length of the pot from
front to back, for the purpose of shoaling fish.
(e) Seines having wings with meshes of not less than 4 inches,
and the pocket or bag, the bag of which must be not more than 1/4
the length of the seine, with meshes of not less than 2-1/4 inches,
may be used to take carp, suckers, and other commercial species to
be designated by the director. All seines in use or set along the
shores of the Great Lakes, when unattended, must have a metal tag
securely attached to the seine bearing the commercial fishing
license number of the owner or user of the seine.
(f) The measurement of the mesh of all nets and seines as
prescribed in this section must be by extension measure, more
commonly referred to as stretch mesh. The size of the mesh of all
nets or netting used in fishing as provided by this part must be
determined by extension measure, and the measurement must be made
of meshes irrespective of where the net or netting is found,
whether in the water, on vessel, on reel, on dock, or in any other
place on land. The net must be wet or wetted before the measuring
of the mesh. Extension measure means the distance between the
extreme angles of any single mesh, and the measurements must be
taken between and inside the knots when the mesh is pulled taut by
hand. The mesh size of gill net must be measured with a certified
ruler by lining up consecutive knots perpendicular to the float
line and measuring on the diamond, inside knot to knot. All other
nets must be measured by a wedge-shaped gauge having a taper of 2
centimeters in 8 centimeters and a thickness of 2.3 millimeters,
inserted into the meshes under a pressure or pull of 5 kilograms.
Stretch mesh is to be measured by placing the wedge gauge along the
diagonal line that connects the largest opening between opposite
corners of the square. If the majority of 10 or more meshes
selected at random by the peace officer from any part or parts of
any commercial net being measured are found to be unlawful, the
net, if found in use or upon any licensed commercial fishing
vessel, is considered illegal and must be seized.
(4) The director may evaluate and authorize by order the use
of commercial gear types in addition to those specifically listed
in this part and regulate their use by specific license condition,
including, but not limited to, the kind and size of the gear; the
size of mesh in the gear; the areas, depths of water, time, and
manner in which the gear may be used; and the commercial species of
fish that the gear may harvest.
(5) The gear described in this section or further designated
by the director must be specifically authorized by license
condition for legal use by any licensed commercial fisher, and each
licensed commercial fisher shall conduct its commercial fishing
operation only with the type and amount of gear specified on the
license. Any gear not specifically listed by license condition
possessed or used on board any commercial vessel or in the waters
or on the ice of the Great Lakes is prohibited.
(6) The director may evaluate and authorize by order the depth
at which the commercial gear listed in this section or further
designated by order under the authority established in this section
may be fished.
Sec.
47308. Except as otherwise provided by law, a person may
use
in the waters of Lakes Michigan, Superior, Huron, and Erie, and
the
bays of those lakes, within the jurisdiction of this state, set
hook
lines or spears for the purpose of taking fish; and for the
purpose
of securing bait for use in baiting said hook lines, a
person
may use gill nets as provided in section 47309. However, a
person
shall not market or possess for the purpose of marketing any
fish
taken in bait nets. All unused bait, fresh or old, shall be
taken
ashore.A person shall not set
or use a net or set hook line
in any of the waters mentioned in this part without marking its
location in accordance with the specifications laid out under the
uniform waterway marking system set forth in R 281.1101 to R
281.1114 of the Michigan Administrative Code. If any net or set
hook line is set under the ice, its location must be marked by a
stake extending not less than 4 feet above the ice at each end of
the net or set hook line, and the license number, in legible
figures, must be attached to each stake or to the ends of the net
or set hook line. A person setting or using a net or hook line in
any waters of the state shall provide GPS coordinates of all gear
to the department. This information must be updated every time gear
is lifted or moved.
Sec.
47309. A person shall not possess on any boat licensed
under
this part or use in the waters of Lakes Michigan, Superior,
Huron,
and Erie, and the bays of those lakes, within the
jurisdiction
of this state, any pound or trap net, gill net, seine,
or
any fixed, set, or movable net of any kind or description, the
meshes
of which are different than the following:
(a)
Gill nets with meshes of not less than 4-1/2 inches shall
be
used for the taking of whitefish, lake trout, and yellow
pickerel.
In Lake Erie, the nets shall have meshes not less than 4-
3/4
inches. The nets shall be set not nearer than 20 rods from the
shore
of the mainland fronting Lake Superior and its bays. The nets
shall
be set not nearer than 20 rods from the shore of the mainland
fronting
Lake Michigan southerly from Seven Mile point, Emmet
county,
during the months of March, April, and May. There shall be
no
nets, except gill nets, of any kind with mesh larger than 2-3/4
inches
set in the waters of Lake Superior within a radius of 50
miles
of the village of Houghton, Michigan, during the period
between
October 10 and November 4, except by permit from the
department
for the taking of spawn from trout for the fish
hatcheries.
(b)
Gill nets with meshes of not less than 2-1/2 inches or
more
than 2-3/4 inches may be set in water of any depth, and gill
nets
with meshes of not less than 2-1/2 inches or more than 3
inches
may be set in waters not exceeding 100 feet in depth, for
the
purpose of taking herring, chubs, perch, and pilot fish,
commonly
called menominees, wherever and whenever they will not
take
to exceed 10% by weight of other fish, such percentage to be
determined
by the department, by inspection of the fish taken in
the
nets. All uninjured fish, except herring, chubs, perch, and
pilot
fish, shall be returned to the waters from which they were
taken
with as little injury as possible, by the persons lifting the
nets;
all sound, undersized, and dead fish found in the nets are
the
property of the state, and shall not be sold or disposed of,
but
shall be dressed and brought in and delivered immediately to
the
department at the fishing port of the person taking the fish.
The
sound, undersized, and dead fish shall be then disposed of by
the
department. If more than 10% of fish other than herring, chubs,
perch,
and pilot fish are taken, then all of the other fish shall
be
disposed of by the department. An angler may have in his or her
possession,
not to exceed in quantity the percentage allowed of
lake
trout, whitefish, yellow pickerel, perch, or suckers, of a
weight
or length less than established by this part, which are
caught
in 2-1/2 inch to 2-3/4 inch or 2-1/2 inch to 3 inch mesh
gill
nets, as provided for in this subsection, but the same may be
shipped
and disposed of only under the direction of the department.
All
undersized fish taken over under this section shall be disposed
of
by the department to state, county, or charitable institutions.
Parties
handling the fish shall be paid not more than 3 cents per
pound
for boxing, packing, and icing the fish. The department shall
remove
or cause to be removed any of the nets if, from the
inspection
provided in this section, the department determines that
the
nets are taking more fish of species other than herring, chubs,
perch,
and pilot fish than allowed by this section.
(c)
Gill nets with meshes of not less than 2-1/4 inches or
more
than 2-3/4 inches may be used to take blue back herring in the
waters
of Lake Superior and Whitefish bay, and those waters of the
straits
of Mackinac bounded on the Lake Huron end by a line drawn
from
the southernmost tip of St. Martin point, Mackinac county, to
the
westernmost tip of Lime Kiln point on Bois Blanc island, thence
in
a southerly direction to the northernmost tip of Point Au Sable
in
T 38 N, R 2 W, Cheboygan county, and bounded on the Lake
Michigan
end by a line drawn from the southernmost tip of Seul
Croix
point in Schoolcraft county in an easterly direction to the
Lansing
shoal lighthouse, thence to the White shoal lighthouse,
thence
in a southeasterly direction to the westernmost tip of
Waugoshance
point in Emmet county, and Green bay of Lake Michigan,
as
defined in section 47311, wherever they will not interfere with
or
take whitefish or lake trout or any other fish protected under
the
laws of this state.
(d)
The department may issue permits to allow the use of gill
nets
having meshes not less than 1-1/2 inches or more than 1-3/4
inches
for taking smelt and alewife for commercial purposes under
rules
and regulations as the department prescribes.
(e)
Gill nets with meshes of not less than 1-1/4 inches or
more
than 1-3/4 inches may be used to secure bait for use in
baiting
hook lines, if the nets will not take undersized fish.
(f)
Pound nets having meshes not less than 4-1/2 inches in the
lifting
pot, crib, or pocket and in the heart and tunnel, and
having
meshes not less than 5 inches in the lead, shall be used for
taking
whitefish and lake trout. In the pound nets, meshes not more
than
3-1/2 inches may be used in 1 side of the pot or in the back,
being
that part of the pot opposite the tunnel entrance. In fishing
with
the pound nets, or any other pound nets permitted by this
part,
the crib or pot and hearts and lead shall extend to or above
the
surface of the water; the crib or pot and hearts shall be
entirely
open at the top, the sides or walls of the pot or crib and
of
the hearts shall be held vertically as near as possible and
shall
have 5 or more stakes driven into the earth at the bottom of
the
lake to hold the net in place. A pound net permitted under this
part
or any part of the webbing of the net shall not be set in
water
of a depth greater than 80 feet. Pound nets fished through
the
ice may be held in place by fastening them to the ice without
the
use of stakes.
(g)
Pound nets having meshes not exceeding 3-1/2 inches in the
lifting
pot or crib and in the tunnel inside the pot or crib, and
having
meshes not less than 3-1/2 inches in that part of the tunnel
outside
of the pot or crib and in the heart and lead, may be used
for
taking all legal fish except whitefish and lake trout. Saginaw
bay
shall be considered rough fish grounds, and other similar bays
may
be designated by the department as rough fish grounds if the
catch
of whitefish and lake trout taken in pound nets and trap nets
during
the last 2 preceding years averaged less than 12% of the
total
catch, on which grounds all legal fish caught in pound nets
and
trap nets having meshes not exceeding 3-1/2 inches in the
lifting
pot or crib may be taken and all lake trout and whitefish
taken
in such nets set in all other waters shall be returned
uninjured
to the waters. The department may issue permits to allow
the
use of pound nets having meshes less than 3-1/2 inches in that
part
of the tunnel outside of the pot or crib and in the heart and
lead
for the taking of smelt and alewife for commercial purposes,
under
rules and regulations as the department may prescribe, which
may
include the waters in which the nets may be fished and the
period
of time during which they may be used.
(h)
Trap nets having meshes not less than 4-1/2 inches in the
lifting
pot, crib, or pocket and in the heart and tunnel and having
meshes
not less than 5 inches in the lead shall be used for taking
whitefish
and lake trout. In such trap nets, meshes not more than
3-1/2
inches may be used in the tunnel inside the pot, in either
the
front, back, or 1 side of the pot for a distance not exceeding
5
feet from the bottom of the net and in that portion of the bottom
of
the net connected thereto for a distance not exceeding 5 feet,
and
in the connecting ends for a depth and width not exceeding 5
feet,
for the purpose of shoaling fish. These trap nets shall not
be
used in any of the waters under the jurisdiction of this state
except
in Lakes Huron and Erie and then only in such a manner that
no
trap net or any part of the webbing of the net is set in water
of
a depth greater than 80 feet. Trap nets having meshes as
described
in this subsection and with no part of the lifting pot or
crib
over 15 feet in depth may be used to take whitefish and lake
trout
in Lakes Superior and Michigan in water of a depth not
greater
than 80 feet.
(i)
Trap nets having meshes not exceeding 3-1/2 inches in the
lifting
pot or crib and in the tunnel inside the pot or crib and
having
meshes not less than 3-1/2 inches in that part of the tunnel
outside
of the pot or crib and in the heart and lead may be used
for
taking all legal fish except whitefish and lake trout. The
depth
of no part of the lifting pot or crib shall be greater than
15
feet. No such trap nets and no part of the webbing of the net
shall
be set in water of a depth greater than 50 feet in Lakes
Michigan
and Superior, or in water of a depth greater than 80 feet
in
Lakes Huron and Erie. The department may issue permits to allow
the
use of trap nets having meshes less than 3-1/2 inches in that
part
of the tunnel outside the pot or crib and in the heart and
lead
for the taking of smelt and alewife for commercial purposes,
under
rules and regulations as the department may prescribe, which
may
include the waters in which such nets may be fished and the
period
of time during which they may be used. Trap nets having a
lifting
pot or crib not exceeding 4 feet in depth may have webbing
less
than 3-1/2 inches in the 2 sides of inner heart.
(j)
Any pound net or trap net with meshes in the lifting pot
or
crib between 3-1/2 and 4-1/2 inches, or any lifting pot or crib
of
such nets with meshes between 3-1/2 and 4-1/2 inches, is illegal
and
shall be seized and confiscated when found in use. Hoop nets,
fyke
nets, drop nets, and gobbler nets are considered under this
part
to be trap nets.
(k)
Seines having wings with meshes of not less than 4 inches,
and
the pocket or bag, the bag of which shall be not more than 1/4
the
length of the seine, having meshes of not less than 2-1/4
inches,
may be used to take carp, yellow pickerel, perch, herring,
and
other rough fish if they do not interfere with or take
whitefish
or lake trout. All seines in use or set along the shores
of
the waters listed in section 47301, when unattended, shall have
a
metal tag securely attached to the seine bearing the commercial
fishing
license number of the owner or user of the seine. Minnow
seines
not to exceed 80 feet in length and 8 feet in width may be
used
in the Great Lakes and connecting waters.
(l) The measurement of the mesh of all nets and seines
as
prescribed
in this section shall be by extension measure. The size
of
the mesh of all nets or netting used in fishing as provided by
this
part shall be determined by extension measure, and the
measurement
shall be made of meshes irrespective of where the net
or
netting is found, whether in the water, on boat, on reel, on
dock,
or in any other place on land. Extension measure means the
distance
between the extreme angles of any single mesh, and the
measurements
shall be taken between and inside the knots. All
measurements
of the mesh in gill nets or gill netting shall be made
with
a flexible steel gauge constructed and used as prescribed in
this
section. All measurements of the mesh of gill nets or gill
netting
shall be made by inserting in the mesh parallel with the
selvage
a gauge made of spring steel free from rust, of a length
equal
to the number of inches prescribed in this section for the
mesh
measured. The ends of the gauge shall be free of sharp edges
or
burrs. The gauge shall not be graduated, and any necessary
markings
shall be placed near the ends of the gauge. The length of
the
gauge measured parallel with the long edge shall not at any
point
exceed or be less than the prescribed length by more than
2/1000
of an inch. Its width at any point shall not exceed 9/16 of
an
inch or be less than 7/16 of an inch. Its thickness shall be
such
that when it is set vertically on a solid anvil with its upper
end
loaded with a dead weight between 7-1/2 and 8-1/2 ounces, the
gauge
shall deflect at its middle 1/10 of its length. The meshes to
be
gauged shall be at least 3 meshes removed from the selvage or
side
lines and shall not be stretched or manipulated in any way
prior
to or after the insertion of the gauge, and the same mesh
shall
not be gauged more than once. In gauging a mesh, the flexible
gauge
shall be held only by the ends and bent between thumb and
forefinger,
the bent rule shall then be inserted in the mesh
parallel
with the selvage and with the collapsed mesh, and finger
pressure
shall be released immediately, not gradually. If the gauge
does
not straighten out completely under its own tension within 2
seconds
after its release in the mesh without slipping a knot or
breaking
the twine, the mesh is unlawful, and if the majority of 10
or
more meshes selected at random by the enforcement officer from
any
part or parts of the gill net or from the entire gill net or
from
any gill netting being gauged are found to be unlawful, the
gill
net or gill netting if found in use or in or upon any licensed
commercial
fishing boat shall be seized and confiscated. If found
in
possession but not in use, any such gill net or gill netting
shall
be sealed by the enforcement officer with a suitable seal
provided
by the department and, when once sealed and for so long as
the
seal remains intact on the net or netting, may be possessed by
the
owner until disposed of or destroyed by the owner as provided
in
this section. The gill net or gill netting shall not be disposed
of
or destroyed except under direction of a conservation officer
and,
until that time, shall be available for inspection by the
department
or any conservation officer. Any person who, without
authority
from the department, breaks or destroys a seal attached
to
a gill net or gill netting, or any person who refuses or
neglects
to produce for inspection any sealed gill net or gill
netting,
or who disposes of or destroys a sealed gill net or gill
netting
except under the direction of a conservation officer, is
guilty
of a misdemeanor and upon conviction is subject to the
penalty
provided for in section 47327. A person shall not use any
gill
net of a greater measurement than 11 feet in depth in any of
the
waters of the Great Lakes and the bays of the Great Lakes. In
Lake
Erie, a gill net shall not be over 36 meshes deep. A trawl of
any
kind shall not be licensed.
(m)
Gill nets having meshes not less than 8 inches may be used
for
taking carp in Wildfowl bay in Huron county.
(1) A person licensed under this part shall not have
abandoned, unattended, unreported lost, or unreported vandalized
gear in the waters of the Great Lakes.
(2) A peace officer shall seize all abandoned, unattended,
unreported lost, or unreported vandalized gear and that gear is
forfeited unless reported under subsection (3).
(3) Licensed commercial fishers that determine that their gear
has been vandalized or lost shall immediately notify the department
in a manner set forth by the department. If the licensed commercial
fisher has notified the department that gear has been vandalized or
lost, upon its being located, the licensed commercial fisher has no
more than 7 days to retrieve the gear before seizure.
(4) A licensed commercial fisher that is convicted of having
abandoned, unattended, unreported lost, or unreported vandalized
gear shall reimburse the state for the value of the dead fish found
in that gear in accordance with and at levels established by this
part. In addition, the department shall reduce the amount of gear
that a licensed commercial fisher is allowed to use by the amount
of abandoned, unattended, unreported lost, or unreported vandalized
gear.
(5) A licensed commercial fisher that is convicted of having
abandoned, unattended, unreported lost, or unreported vandalized
gear shall reimburse the state for the cost incurred by the
department for gear removal as determined by the court.
Sec.
47310. (1) Except as provided in subsections (2) and (3),
within
the jurisdiction of this state the holder of a license or
permit
issued under this part shall not take, catch, or attempt to
take
or catch any fish with a gill net, pound net, or trap net in
Lake
Erie and the connecting waters of Lake Erie and Lake Huron, or
in
the portions of Lake Michigan and Lake Huron located south of a
line
extending due east and west of the forty-fifth parallel of
latitude,
or in the rivers and streams which connect with any of
the
bodies of water described in this subsection from April 15 to
September
15.
(2)
Subsection (1) does not apply to a license or permit
holder
who prior to September 15, 1984 holds a license or permit
issued
under this part to take, catch, or attempt to take or catch
any
fish with a gill net, pound net, or trap net in those waters
described
in subsection (1). Fishing licenses described in this
subsection
are not transferable without the permission of the
department.
(3)
The department may issue a license or permit that
authorizes
the holder of the license or permit to take, catch, or
attempt
to take or catch coregonus, commonly known as chubs, with a
gill
net, pound net, or trap net as follows:
(a)
Except as provided in subdivision (b), in those waters
described
in subsection (1) that exceed 240 feet in depth.
(b)
In those waters of Lake Michigan located south of a line
extending
due west of the south pier of Grand Haven harbor that
exceed
180 feet in depth.
(4)
This section does not apply after December 31, 1986.
(1) The following fish species are authorized for commercial
take:
(a) Lake whitefish (Coregonus clupeaformis) may be taken from
the waters of the Great Lakes open to commercial fishing.
(b) Round whitefish (Prosopium cylindraceum) may be taken from
the waters of the Great Lakes open to commercial fishing.
(c) Bloater chubs (Coregonus hoyi) may be taken from the
waters of the Great Lakes open to commercial fishing.
(d) Rainbow smelt (Osmerus mordax) may be taken from the
waters of the Great Lakes open to commercial fishing.
(e) Species of the family Catostomidae, including quillback
(Carpiodes cyprinus), white sucker (Catostomus commersonii),
longnose sucker (Catostomus catostomus), northern hogsucker
(Hypentelium nigricans), silver redhorse (Moxostoma anisurum),
black redhorse (Moxostoma duquesnei), golden redhorse (Moxostoma
erythrurum), shorthead redhorse (Moxostoma macrolepidotum), greater
redhorse (Moxostoma valenciennesi), bigmouth buffalo (Ictiobus
cyprinellus), and black buffalo (Ictiobus niger), may be taken from
the waters of the Great Lakes open to commercial fishing.
(f) Freshwater drum (Aplodinotus grunniens) may be taken from
the waters of the Great Lakes open to commercial fishing.
(g) Burbot (Lota lota) may be taken from the waters of the
Great Lakes open to commercial fishing.
(h) Gizzard shad (Dorosoma cepedianum) may be taken from the
waters of the Great Lakes open to commercial fishing.
(i) Common carp (Cyprinus carpio) may be taken from the waters
of the Great Lakes open to commercial fishing.
(j) Catfishes of the family Ictaluridae, including black
bullhead (Ameiurus melas), yellow bullhead (Ameiurus natalis),
brown bullhead (Ameiurus nebulosus), channel catfish (Ictalurus
punctatus), and flathead catfish (Pylodictis olivaris), may be
taken from the waters of the Great Lakes open to commercial
fishing.
(k) White perch (Morone americana) may be taken from the
waters of the Great Lakes open to commercial fishing.
(l) White bass (Morone chrysops) may be taken from the waters
of the Great Lakes open to commercial fishing.
(m) Black crappie (Pomoxis nigromaculatus) and white crappie
(Pomoxis annularis) may be taken from the waters of the Great Lakes
open to commercial fishing.
(n) Rock bass (Ambloplites rupestris) may be taken from the
waters of the Great Lakes open to commercial fishing.
(2) The director may designate additional species for
commercial take, except that any game fish may not be designated
for commercial take.
(3) The director may establish the kind and amount of fish,
referred to as quotas, that may be taken from areas of the Great
Lakes open to commercial fishing. The department shall specify
quotas by license condition at the time the license is issued. The
licensee shall keep track of its harvest and immediately cease
fishing upon reaching its assigned quota. Exceeding a quota
established by the director, whether intentional of not, is a
violation of this part.
(4) Except for game fish, the director may establish a bycatch
allowance for species that are not specifically designated for
commercial harvest or are otherwise closed in various waters of the
state. A person that exceeds the bycatch allowance is subject to
the following:
(a) A person that exceeds any bycatch allowance by 5 round
pounds or less over the established limit is subject to a civil
infraction punishable by a fine of at least $100.00 for the first
offense and at least $200.00 for a second offense in a license
year. The entire bycatch for that species on the day that the
violation occurred is subject to confiscation by the department.
(b) A person that exceeds any bycatch allowance by over 5
round pounds over the established limit, or any person that exceeds
the bycatch allowance for a third or subsequent time within a
license year, is guilty of a misdemeanor punishable as provided in
this part. The entire bycatch for that species on the day that the
violation occurred is subject to confiscation by the department.
Additionally, the license of any person found guilty under this
subdivision must be suspended for 30 days, and this suspension must
be served between April 15 and October 31 within 1 year of
conviction. Any person whose license has been suspended shall not
have any gear in the water during that suspension whether that gear
has been rendered unfishable or not.
(5) The director may issue orders establishing closed seasons
for any commercial fish species. In every case, the season must
open and close at 12 noon on the dates established by the director.
All harvested fish must be landed at port by no later than 2 p.m.
on the date the season closes.
(6) All live fish on which the season is closed or is not
authorized for harvest must be returned to the water at once with
as little injury as possible by the person taking the fish. Any
dead fish, on which the season is closed or is not authorized for
harvest, must be returned to the water at once by the person or
persons taking the fish or disposed of in accordance with any
specific instructions provided by the director.
(7) A person shall not set any commercially licensed gear for
the taking of fish before 12 noon on the first day of the open
season for taking the fish.
(8) The taking of game fish is prohibited under this part. A
person shall not sell, offer for sale, or possess at any time fish
not listed in subsection (1) when the fish was taken under a
commercial fishing license issued by the state. Any such fish,
whether dead or alive, must at once be returned to the waters from
which it was taken by the person or persons taking the fish with as
little injury as possible or be disposed of in accordance with any
specific instructions provided by the director.
(9) A licensed commercial fisher or any member of the crew or
any other person shall not have in possession any game fish or any
sport angling equipment when aboard a licensed commercial vessel.
(10) Not less than every 3 years, the department shall conduct
a bycatch study in at least 3 active commercial fisheries to
determine the amount and kind of fish taken as bycatch through
commercial harvest and shall use that information to adjust quotas,
allowable gear, and other license conditions.
Sec.
47311. (1) A person shall not take from any of the waters
listed
in section 47301 any of the following:
(a)
Lake trout, in Lake Huron and Lake Michigan from October 1
to
December 10; in Lake Superior from October 5 to November 4.
(b)
Whitefish, in Lake Huron and Lake Michigan from October 1
to
December 10; in Lake Superior from November 1 to November 26.
(c)
Pike-perch (yellow pickerel), northern pike, from April 1
to
May 20. In Saginaw bay, as defined in section 47339, a person
shall
not take pike-perch from March 5 to April 10. A person may
spear
pike-perch through the ice during the closed season in Lake
Huron
and the connecting waters of the Great Lakes for
noncommercial
use only.
(d)
Perch, from April 15 to May 20. In the waters of Lake
Michigan
only, a person may take perch from April 25 to June 1. In
Saginaw
bay, perch of legal size may be taken at any time. A person
may
take perch with hook and line at any time.
(e)
White bass, in Lake Michigan at any time of the year. A
person
may take white bass with hook and line at any time.
(f)
Suckers, from April 15 to May 20. In Saginaw bay, suckers
may
be taken at any time. A person may take suckers with hook and
line
at any time.
(g)
Black crappie, also known as calico bass, in Lake Huron
from
June 1 to August 25. In Lake Erie, Lake Michigan, and Lake
Superior,
black crappie may not be taken at any time.
(2)
In the waters of Green bay of Lake Michigan within the
jurisdiction
of this state, which for the purpose of this part are
those
waters lying inside a line drawn from the most southerly part
of
Point Detour to the most easterly points of Sumner and Poverty
islands,
thence due south to the Michigan-Wisconsin boundary line,
thence
along the boundary line to the shore, a person shall not
from
April 15 to May 20 set, place, or use any gill net having
meshes
less than 4-1/2 inches. The department may issue permits
under
such rules and regulations as prescribed by the department to
allow
the use of gill nets having meshes not less than 2-1/4 inches
or
more than 2-3/4 inches for taking herring from the waters of
Green
bay from April 15 to May 20, if the nets will not interfere
with
or take any other species of fish. The closed seasons
established
by this section do not apply to Lake Erie and the lower
Detroit
river, where nets shall not be set and fish of any kind
shall
not be taken with nets from January 1 to March 10. A person
may
take carp with seines at any time from these waters.
(3)
In every case, the season shall open and close at 12 noon
on
the dates named in this section.
(4)
All live fish on which the season is closed shall be
liberated
and returned to the water with as little injury as
possible,
and any sound, dead fish, on which the season is closed,
shall
be dressed, brought ashore, and delivered immediately to the
department
at the department's fishing port, which fish shall be
disposed
of in the same manner as provided for the disposition of
undersized
fish in section 47309.
(5)
A person shall not set nets or hooks for the taking of
lake
trout or whitefish before the first day of the open season for
taking
the fish, and the license of any person shall be immediately
revoked
upon conviction of unlawfully setting nets before the first
day
of the open season as provided in this part, and revocation
shall
prohibit the use of boat and gear by that person during the
balance
of the year for which a license was issued. A person
engaged
in the taking of fish for commercial purposes from May 15
to
September 15 under this part shall carry sufficient ice and
properly
chill the fish at the time and place of their removal from
the
waters.
(1) The director may establish minimum length and weight
requirements for all commercial fish species listed in section
47310(1) taken under a commercial fishing license issued under this
part. A person shall not take, sell, possess, transport, or offer
for sale at any time any fish species of a size or weight
prohibited by the director. The director may establish an allowable
possession limit for certain undersized commercial fish species.
Any undersized commercial fish species allowed to be possessed
under this subsection must be for personal use only and must not be
sold or bartered. A person that retains more than twice the amount
of the allowable possession limit for undersized commercial fish
species under this subsection is guilty of a misdemeanor punishable
as provided in section 47327. A person that retains more than the
allowable possession limit for an undersized commercial fish
species but less than twice the allowable possession limit is
responsible for a state civil infraction and must be ordered to pay
a civil fine as follows:
(a) First offense of the license year, at least $200.00.
(b) Second offense of the license year, at least $300.00.
(c) Third and all subsequent offenses during the license year,
at least $400.00.
(2) A person shall not possess on any vessel, or on any other
conveyance used to reach the nets from shore, any meat grinders or
similar devices by the use of which the identification of the
species of fish or the measurement of the individual fish is
impossible. A person shall not possess on any vessel or the ice,
and shall not bring ashore, any fish that is so mutilated that
identification and measurement are impossible.
(3) A person shall not sell, possess, or offer for sale any
illegal fish.
(4) Any measurements of minimum length or weight established
by the director apply and are enforced without any allowance made
for the shrinkage of the fish under any conditions.
(5) Imported fish species, if of a size, weight, or species
prohibited by the laws of the state, country, or tribal authority
within those states or countries where caught, or species
prohibited as a transgenic or nonnative organism by part 413, may
not be possessed, transported, offered for sale, or sold in this
state.
Sec.
47312. The department may authorize the taking of trout,
whitefish,
and yellow pickerel for the purpose of fish culture at
any
time during the open or closed seasons provided in this part,
when
it is determined by test nets set under the direction of the
department
that at least 20% of the fish taken are females and at
least
40% of these females are ripe and ready to spawn. However,
when
all spawn needed for state and federal hatcheries has been
secured,
the department may close all commercial fishing during the
remainder
of the closed season. The department may close all
commercial
fishing during the closed season on those grounds that
are
so located as to prevent proper handling of spawn or where it
appears
that little or no spawn is being taken.
(1) At the time of landing, a person on a licensed commercial
vessel shall not possess fish roe that weighs more than 15% of the
simultaneously landed dressed carcasses of fish of the species from
which the roe was taken.
(2) At the time of landing, a person on a licensed commercial
vessel shall not possess fish viscera that weigh more than 20% of
the simultaneously landed dressed carcasses of fish of the species
from which the viscera were taken.
Sec.
47313. All persons engaged in fishing for whitefish,
trout,
yellow pickerel, or perch in the waters named in this part
shall
from the beginning of the spawning season for these fish,
such
time to be determined by test under the direction of the
department,
until the beginning of the closed season provided by
section
47311 and before and after the closed season, strip all
ripe
fish, both male and female, save all of the spawn, properly
impregnate
it, and deliver it to the department at its fishing
port,
and all such persons shall have a sufficient number of people
on
each boat and all the equipment needed properly to save, handle,
impregnate,
and deliver such spawn. The saving, handling,
impregnating,
and delivering of spawn shall be done under the
direction
of the department and in accordance with such regulations
and
under such supervision as prescribed by the department.
However,
the department shall not discriminate against any person
engaged
in fishing during the closed or open season, having on each
boat
a sufficient number of people and all the equipment needed
properly
to save, handle, impregnate, and deliver such spawn at any
port
or fishing ground when it has been determined that fish are
ripe
for spawning. This determination shall be made by setting test
nets
on each fishing ground where spawn will be taken. A person
engaged
in commercial fishing that fails to properly save, handle,
impregnate,
and deliver such spawn during any period when spawn are
ripe
is guilty of a violation of this part. A person shall not take
from
the waters of the Great Lakes any lake or Mackinaw trout
during
the closed season established by this part for those fish,
except
by the use of gill nets, trap nets, and pound nets after
tests
have been made and the percentage of ripe fish secured as
provided
for in section 47312.Except
as otherwise provided in
section 47311, a person licensed and engaged in lifting commercial
set hook lines or nets in the open waters of this state shall not
take from the open waters of this state any undersized fish. All
undersized fish found on commercially licensed set hooks or in nets
must immediately be returned to the water with as little injury as
possible by the person lifting the set hook lines or nets.
Sec.
47314. The department shall deliver to designated
representatives
of the United States bureau of fisheries and to the
state
fish hatcheries as much of this spawn as may be desired by
the
bureau and state hatcheries for propagation and planting in the
waters
of the lakes within the jurisdiction of this state, and the
remainder
of the spawn shall be properly impregnated and planted
upon
the spawning beds from which it was taken. The persons so
fishing
shall plant upon the spawning beds the fry hatched from
such
proportion of the spawn as may have been taken from the fish
caught
by the persons when directed to do so by the department. A
person
refusing or failing to comply with this section is guilty of
a
violation of this part.
(1) Except as otherwise provided in subsection (2), a person
may not ship, accept for shipment, transport, or cause to be
transported any container, package, or box containing any fish,
without each container, package, or box being plainly and correctly
marked with the name of the consignor, the name of the consignee,
and the kinds and amount by weight of fish contained in the
container, package, or box.
(2) The marking of each container, package, or box with the
consignor and consignee information required under subsection (1)
is not required for the following:
(a) Multiple containers, packages, or boxes containing fish or
fish product being shipped to 1 destination within this state if
these containers, packages, or boxes are prepared as follows:
(i) All individual containers, packages, or boxes are packaged
or bound together in a manner so that they will stay together as 1
unit in shipment.
(ii) Each bound unit is individually labeled as to the type
and pounds of fish, fish product, or roe. This label must be
visible on all 4 sides of the unit, correctly identify the
consignor and consignee of the shipment, and state the number of
boxes or packages in the bound unit, the species of fish contained,
and the total weight of the fish or container.
(b) Shipments to individual destinations consigned by a single
wholesaler, transported in a vehicle registered to that wholesaler
for same-day delivery within this state and within 100 miles of the
wholesaler's business, if each container, package, or box is marked
with the name of the consignee.
(3) In addition to subsections (1) and (2), an accurate bill
of lading or an invoice containing the name and address of the
seller and buyer of the fish and the point of origin of the fish
and the number of containers, packages, or boxes must accompany the
shipment. The bill of lading or invoice must be available for
inspection and comparison to the cargo being shipped by any peace
officer.
(4) Subsections (1), (2), and (3) do not apply to a licensed
commercial fisher that is transporting fish directly from its
landing port to its fish house or to a processor. A licensed
commercial fisher must fill out a bill of lading or an invoice
indicating the number of containers, packages, or boxes being
transported for each species of fish. The bill of lading or invoice
must accompany the fish and be available for inspection and
comparison to the cargo being transported by any peace officer.
(5) Subsections (1), (2), and (3) do not apply to a wholesale
fish dealer that is transporting fresh fish directly from a state
or tribal licensed fisher's port of landing within this state to
that wholesaler's facility. A wholesale fish dealer must fill out a
bill of lading or an invoice indicating the number of containers,
packages, or boxes being transported for each species of fish. The
bill of lading or invoice must accompany the fish and be available
for inspection and comparison to the cargo being transported by any
peace officer.
(6) The entire contents of a container, package, or box that
contains any fish that is illegal under this part is subject to
seizure.
(7) The entire catch of a licensed commercial fisher that
contains any fish that is illegal to take by that licensed
commercial fisher under this part is subject to seizure.
Sec.
47315. The department may take fish in any manner, in any
of
the waters mentioned in this part, at any and all seasons of the
year,
for the purpose of fish culture and scientific investigation;
may
have and hold ripe and unripe fish in order to take spawn from
the
fish; may sell all of those ripe and unripe fish; and may
devote
the proceeds of the sales exclusively toward defraying the
expenses
incurred in taking the fish and fertilizing and planting
the
spawn from the fish.A package
or shipment of illegal fish
offered to any common carrier as described in section 47314 is
considered to be in the possession of the consignor until delivered
to the consignee. However, if any common carrier as described in
section 47314 is not able or refuses or neglects to show from whom
the consignment of any shipment of fish was received, the shipment
is considered to be in the possession of the common carrier having
the shipment in transit, and that common carrier may be proceeded
against the same as the original owner.
Sec.
47316. A person shall not ship or transport within this
state
any fish in packages or containers without plainly and
correctly
marking each package or container with the name of the
consignor
and the kinds of fish contained in the package. A
railroad
company, boat line, express company, motor truck company,
aerial
freight or express company, or other transportation company
or
common carrier, or any agent of any such company, or the owner
of
any boat, airplane, car, truck or other vehicle operated
privately
or as a common carrier, or the agent or representative of
such
owners, shall not accept for shipment or transport any package
or
container of fish unless it is properly marked as prescribed in
this
section. The presence in any package or container of 10% by
weight
of any fish that is illegal to ship shall make the entire
contents
of the package or container subject to seizure as an
illegal
shipment.If the department
opens any package or shipment of
fish in transit and finds that package or shipment to be a lawful
package or shipment under this part, the department shall repack
that package or shipment in as good a condition as possible and
release it without further detainment.
Sec.
47317. The possession of any package or shipment of
illegal
fish offered to any common carrier as described in section
47316
shall be construed to be and shall remain in the consignor
until
delivered to the consignee. However, if any common carrier as
described
in section 47316 is not able or refuses or neglects to
show
from whom the consignment of any shipment of fish was
received,
the shipment shall be considered to be in possession of
the
common carrier having the shipment in transit, and they may be
proceeded
against the same as the original owner.A licensed
commercial fisher taking fish in any of the waters mentioned in
this part shall bring those fish to some port or place in this
state where they may be inspected before shipping.
Sec.
47318. Any package or car of fish in transit opened by
the
department, if found to be a lawful shipment under this part,
shall
be repacked in as good a condition as possible. A package or
car
of fish legally shipped shall not be detained in transit by or
for
inspection.
(1) A licensed commercial fisher taking fish in any of the
waters mentioned in this part shall keep an accurate record of each
day's catch of the number of pounds of each kind of fish taken,
possessed, released, or returned, of the locality fished, of the
kind and amount of fishing gear employed, of the length of time
each unit of gear was fished between lifts, of the kind and amount
of roe taken, whom those fish were sold to, the average price
received for those fish, and any other data as the director may
require by order in following the biologic and economic trends of
the fisheries. The licensed commercial fisher shall report the data
required under this subsection to the department according to the
schedule established under subsection (3). The records of
individual prices received for fish are proprietary and are not
subject to disclosure under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246.
(2) A licensed commercial fisher shall complete an annual
inventory record on a date specified by the department of all
freshwater fish and roe in possession, or under ownership or
control, including in cold storage facilities.
(3) The director shall establish by order the format and
schedule that the required commercial catch records and annual
inventory record under subsections (1) and (2) are to be submitted
to the department.
(4) A person shall not falsify any information contained in
the required commercial catch records or annual inventory record
described in this section.
(5) A person shall submit that person's commercial catch
record or annual inventory record electronically on or before the
date established by the director's order. A person who fails to
submit a record required under this section by the date described
in this subsection is responsible for a state civil infraction and
shall be ordered to pay following civil fines:
(a) For the first offense during a license year, $100.00.
(b) For the second and all subsequent offenses during a
license year, $200.00.
(6) The license of any person who fails to submit 2 or more
records required under this section, and that has been cited by the
department for each offense, may be suspended by the department
until the delinquent records are submitted to the department. The
department shall send notification of the suspension to the
licensee. The vessel and nets for which a license is suspended must
not be used for commercial fishing by any person until the
suspension has been lifted and the license restored. The department
shall deny a new license or a renewal of a license to a person that
fails to submit the report or reports as described in this section
until this part has been complied with.
Sec.
47320. A person engaged in lifting pound nets, trap nets,
or
seines in the waters of this state shall not take from the
waters
of this state any undersized fish, and all undersized fish
found
in the nets fished in those waters shall be returned to the
waters
with as little injury as possible by the person or persons
lifting
the net or nets. For the purpose of this part, undersized
fish
are fish of a smaller size than established by this part.The
department, when a person submits an application under section
47304, shall issue the license provided for in this part upon
payment by the applicant of the following fees:
(a) For a commercial fishing license without a listed vessel,
an annual fee of the following:
(i) In 2017 through 2020, $200.00.
(ii) In 2021 through 2030, $250.00.
(iii) In 2031 through 2040, $300.00.
(iv) In 2041 and each year thereafter, $350.00.
(b) For a commercial fishing license that includes 1 or more
listed vessels, an annual fee of the following:
(i) In 2017 through 2020, $1,400.00.
(ii) In 2021 through 2030, $1,500.00.
(iii) In 2031 through 2040, $1,600.00.
(iv) In 2041 and each year thereafter, $1,700.00.
Sec.
47321. A person shall not take or catch with any kind of
a
net or other device used in commercial fishing in any of the
waters
mentioned in this part, any of the following:
(a)
Largemouth black bass, Huro salmoides.
(b)
Smallmouth black bass, Micropterus dolomieu.
(c)
White crappie, also known as strawberry bass, Pomoxis
annularis.
(d)
Bluegill, Lepomis macrochirus.
(e)
Common sunfish, Lepomis gibbosus.
(f)
Brook or speckled trout, Salvelinus fontinalis.
(g)
Rainbow and steelhead trout, Salmo gairdnerii.
(h)
Brown and Loch Leven trout, Salmo trutta.
(i)
Muskellunge, Esox masquinongy.
(2)
In addition to the prohibition in subsection (1), a person
shall
not sell or offer for sale or possess at any time any of the
fish
listed in subsection (1) unless otherwise provided by law. Any
such
fish, whether dead or alive, shall at once be returned to the
waters
from which taken by the person or persons taking the
fish.Upon the payment of the fee provided for in
section 47320, the
department shall issue to a person a printed or written license
signed by the department setting forth the date the license was
issued, to whom the license was issued, the date on which the
license will expire, the name, number, and the kind of vessel, and
the number of and kind of nets for which the license was issued.
The department, upon application and the payment of a fee of
$25.00, may amend a license previously issued for the current
fishing year to do any of the following:
(a) Permit the transfer of a license to a larger or a smaller
boat or to any boat, tug, or launch during a period of time that
the licensed vessel is disabled and undergoing repairs. A vessel
may not be listed on more than 1 license at the same time.
(b) In case of sale, transfer the license to the new owner or
owners.
(c) In case of the loss of a vessel by fire, collision, or
otherwise, for which a license has been issued, transfer the
license to any similar vessel to which the licensee may acquire
title.
(d) Transfer the landing port listed on the license to a new
location.
Sec.
47322. A person shall not set or use nets, set hook
lines,
or any other continuous device in any of the waters
mentioned
in this part without marking its location by buoys and
identifying
the nets or other devices by showing the license number
in
plain figures upon the bowls of the buoys of the person using
the
nets, set lines, or other devices; the license number to be
attached
to all gill net buoys; to the stakes at the heart or pot
of
pound nets; to the lifting buoy of trap nets, where the heart
and
pot are set below the surface of the water; to a buoy at the
point
of heart or pot of fyke nets where the cover of the hearts or
pots
comes to the surface of the water. However, when any of the
nets,
set hook lines, or other devices are set under the ice, their
location
shall be marked by a stake extending not less than 4 feet
above
the ice at each end of the net or nets, set hook lines, or
other
continuous device and the license number, in legible figures,
shall
be attached to each stake or to the ends of the net or nets,
set
hook line, or other device.The
department shall keep a record
of all applications and licenses. On the first day of each month,
the department shall pay over to the state treasurer all money
received by the department under this part, and the treasury shall
credit the money to the game and fish protection trust fund created
in part 437.
Sec.
47323. Every person taking fish for market in any of the
waters
mentioned in this part shall bring them to some port or
place
in this state where they may be inspected before shipping.
However,
the department may grant permission to take fish to ports
or
places in other states when the commercial fishing laws of the
other
states substantially conform to the commercial fishing laws
of
this state.
(1) A person shall not engage in business as a wholesale fish
dealer in this state unless the person has been issued a wholesale
fish dealer license by the department. Each license expires on
December 31, and the annual fee for the license is as follows:
(a) In 2017 through 2020, $100.00.
(b) In 2021 through 2030, $110.00.
(c) In 2031 through 2040, $130.00.
(d) In 2041 and each year thereafter, $150.00.
(2) A wholesale fish dealer shall not, at any time, sell,
purchase, or barter, or have in his or her possession or under his
or her control for the purpose of sale or barter, any illegal fish.
(3) A wholesale fish dealer shall require identification from
each seller of fish. A wholesale fish dealer shall purchase fish
only from a state or tribally licensed commercial fisher or other
legal source of fish.
(4) Every wholesale fish dealer shall keep a record of all
fish purchased, possessed, acquired, or obtained including by trade
and barter as well as records of disposition for fish received as
required by the department. The wholesale fish dealer shall keep
these records in a format designated by the director. The records
of prices paid for fish purchased and sold by individuals licensed
as a wholesale fish dealer are proprietary and are not subject to
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(5) A wholesale fish dealer shall complete an annual inventory
record on a date specified by the department of all freshwater fish
and roe in possession, or under ownership or control, including in
cold storage facilities.
(6) The director shall establish by order the format and
schedule that the required wholesale records and annual inventory
records are to be submitted to the department as well as the
specific information they are to contain.
(7) All records under this section must be complete and
submitted on time. A wholesale fish dealer that submit records that
are incomplete or delinquent is responsible for a state civil
infraction and subject to the following fines:
(a) For a first offense during a license year, $100.00.
(b) For a second and all subsequent offenses during a license
year, minimum $200.00.
(8) The license of any person that fails to submit 2 or more
records required under this section, and that has been cited by the
department for each offense, may be suspended by the department
until the delinquent reports are submitted to the department. The
department shall send notification of the suspension to the
licensee. The department shall deny a new license or renewal of a
license to a person that fails to submit the report or reports as
described in this section until this part has been complied with.
(9) A person shall not falsify any information contained in
the wholesale records or the annual inventory record required under
this section.
(10) The department shall not issue a wholesale fish dealer's
license to a business that would occupy the same business location
as that of a wholesale fish dealer whose license is suspended.
(11) A wholesale fish dealer or employee of a wholesale fish
dealer shall not possess, control, store, transport, or cause to be
transported any freshwater fish for which there is no record or for
which there is no inventory as required.
(12) A wholesale fish dealer shall retain all records and
inventories required under this part or an order promulgated under
this part for a period of 6 years from the date that the record or
inventory was created.
(13) A wholesale fish dealer shall not transport or cause to
be transported any fish unless the transporting vehicle is clearly
marked on each side of the vehicle with the correct business name
of the wholesale fish dealer or transporting company, displayed in
letters at least 1 inch high.
(14) A conservation officer or other peace officer designated
by the director may inspect fish stored or in the possession of a
wholesale fish dealer, records and reports of a wholesale fish
dealer, and buildings, structures, vehicles, boats, equipment, and
materials related to a wholesale fish dealer's business.
(15) Upon request of a conservation officer or other peace
officer designated by the director, a wholesale fish dealer shall
produce all records relating to the purchase, acquisition, sale,
trade, barter, storage, or disposition of fish that are kept at the
wholesale fish dealer's place of business or at a residence,
dwelling, or location other than the wholesale fish dealer's
business for inspection and copying.
(16) A conservation officer or other peace officer designated
by the director is authorized during any time when business is
being conducted on the premises to do any of the following:
(a) Enter any of the following:
(i) Any building or structure where fish are stored,
processed, packed, or held.
(ii) Any building or structure where a wholesale fish dealer's
records are kept.
(iii) Any building or structure where vehicles, vessels, or
equipment or materials used in the business are located.
(iv) Any building or structure where activities related to a
wholesale fish dealer's business are conducted.
(v) Any vehicle or vessel used to transport or hold fish.
(b) Inspect fish stored or in the possession of a wholesale
fish dealer, inspect or copy records or reports of a wholesale fish
dealer, and inspect buildings, structures, vehicles, vessels,
equipment, and materials related to a wholesale fish dealer's
business.
(17) A wholesale fish dealer, operator of a vehicle or vessel
for a wholesale fish dealer, or employee or person acting on behalf
of a wholesale fish dealer shall not prohibit entry or prohibit an
inspection to be conducted as authorized under this section, or
refuse to produce records as required under this section, unless a
court restrains or enjoins the entry, inspection, or production.
(18) A court shall order that a person convicted of violating
subsection (15), (16), or (17) have its license automatically
suspended for 1 year. The department shall not issue or renew that
license for a period of 1 year following that conviction.
(19) A violation of any statute, administrative rule, or
fisheries order pertaining to wholesale fish dealers is a violation
of this part. In addition to applicable fines or restitution, or
both, as described in this part, the department may suspend or
revoke any wholesale fish dealer license issued under this part if
the licensee violates any statute, administrative rule, or
fisheries order pertaining to wholesale fish dealers. The
department shall afford the licensee a hearing in accordance with
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328. Any person whose license has been suspended or revoked
is not eligible to apply for or receive a license for the 2
calendar years following the suspension or revocation.
Sec.
47324. The department may take, for fish cultural
purposes
only, fish taken by any person fishing in the waters of
this
state, and when so taken the fish shall be weighed and shall
be
paid for. The price shall be based on the Chicago, Detroit, and
New
York markets, or at such other price as may be agreed upon by
the
person or persons taking the fish and the department, plus the
cost
of transportation, if any.A
retail fish dealer shall retain
from the time of acquisition of freshwater fish or roe, a bill of
sale or invoice, indicating the quantity and species of the fish or
roe and the name and address of the consignor. A retail fish dealer
shall make the fish, roe, and records available for inspection by a
conservation officer or other peace officer designated by the
director at any reasonable time. A retail fish dealer shall
maintain records for a period of 1 year after the fish or roe is
disposed of by sale or otherwise.
Sec.
47325. Every person taking fish for the market in any of
the
waters mentioned in this part shall keep an accurate report of
each
day's catch upon forms furnished by the department of the
number
of pounds of each kind of fish taken, of the locality
fished,
of the kind and amount of fishing gear employed, of the
length
of time (number of nights) each unit of gear employed fished
without
being lifted, of the kind and amount of spawn taken, of the
kind
and amount of caviar taken, and of such other data as the
biologists
may require in following the trend of the fisheries, and
shall
each month report, under oath when requested, the above data
to
the department. Any person whose report for the last preceding
month
is not received by the department at its office in Lansing,
Michigan,
on or before the fifteenth day of the month following, is
delinquent,
and notice to that effect shall be mailed to the
delinquent
person by the department. Failure to submit a report
within
30 days after the close of the month for which a report is
required
shall be considered as intent to violate this section. The
license
of any person who fails to submit reports for 2 or more
months,
and who has been duly notified by the department each
following
month as provided in this section, may be suspended by
the
department until such time as the delinquent reports are
submitted
to the department. The boat and nets for which a license
is
suspended shall not be used for commercial fishing by any person
until
the suspension has been lifted and the license restored.
However,
any person who fails to make the report or reports as
described
in this section shall be denied a new license or a
renewal
of his or her license until this part has been complied
with.
Any person engaged in fishing operations shall submit a
monthly
form to the department regardless of whether fishing was
discontinued
for 1 or more months, noting the facts.The taking of
minnows and other small fish for bait with nets not otherwise
prohibited by law is not a violation of this part. As used in this
section, "minnows" means that term as defined in section 48728.
Sec.
47326. Every person licensed to take fish under this
part,
at the close of the 24-hour period immediately following the
close
of the respective open seasons provided for by this part,
shall
report to the department, on forms provided by the
department,
the kinds of fish and number or weight of fish
possessed
at the close of the 24-hour period. Any subsequent
shipment
or sale, or both, of such fish shall be reported
immediately
to the department, on forms furnished by the
department,
showing the amount and kinds of fish shipped or sold,
the
date of the shipment or sale, and the name and address of the
person
or persons to whom the fish were shipped or sold. All fish
in
possession upon which the season is closed shall be made
available
for inspection at any reasonable time upon the demand of
the
department. A person shall not possess or ship, transport, or
sell
any fish upon which the season is closed and which have not
been
reported as provided in this section.This part does not
authorize the taking, selling, or transporting of fish, the use of
illegal nets, or the setting of nets at a place or places or at
times otherwise forbidden by law.
Sec.
47327. Any person who violates sections 47301 to 47325,
upon
conviction for the first offense shall be punished by
imprisonment
for not more than 30 days, or a fine of not less than
$25.00
or more than $100.00 and costs of prosecution, or both. For
the
second or a subsequent offense, charged as a second or
subsequent
offense in the complaint, the person shall be punished
by
imprisonment for not less than 30 days or more than 90 days, or
a
fine of not less than $50.00 or more than $100.00 and costs of
prosecution,
or both. If a fine with costs is imposed under this
part,
the court shall sentence the offender to be confined in the
county
jail until the fine and costs are paid, but for a period not
exceeding
the maximum penalty for the offense.Except as otherwise
provided in this act, a person that violates this part, any license
or permit issued under this part, or any administrative rule or
fisheries order issued under the authority of this part is guilty
of a misdemeanor punishable by imprisonment for not more than 90
days or a fine of not less than $500.00 or more than $5,000.00, or
both, and may be ordered to pay the costs of prosecution.
Sec.
47328. A person shall not use any kind of a boat, tug, or
launch,
except when used in hook and line fishing, or any kind of
net
or nets, set hook lines, or commercial trolling rigs for the
purpose
of taking, catching, killing, or transporting fish in any
of
the waters bordering on this state, regardless of whether for
commercial
purposes or for personal use, without first having
applied
for and been issued a license for that activity, in
accordance
with this part. A license, except as otherwise provided
by
law, is not required of persons engaged in sport trolling in
these
waters, except that the owners of boats operated with either
an
inboard or outboard motor and offered for hire in sport trolling
for
lake trout shall obtain a license for each boat. A license,
except
as otherwise provided by law, is not required of persons
engaged
in taking fish with set lines in lake St. Clair as provided
in
section 47302.
(1) In addition to the penalties provided in this part, a
licensed commercial fisher or agent operating under a commercial
fishing license that is convicted of the illegal taking,
possessing, or selling of fish under this part shall reimburse the
state for the value of the fish as follows:
(a) For each game fish, other than lake sturgeon, of an
individual weight of 1 pound or more, $10.00 for each pound or
fraction of a pound of fish illegally taken or possessed.
(b) For each game fish, other than lake sturgeon, of an
individual weight of less than 1 pound, $10.00 for each fish
illegally taken or possessed.
(c) For lake sturgeon, $1,500.00 for each fish illegally taken
or possessed.
(d) For all other fish, $5.00 for each pound or fraction of a
pound of fish illegally taken or possessed.
(e) For all roe violations, $20.00 for each pound or fraction
of a pound of roe illegally taken or possessed.
(2) The court in which a conviction for a violation described
in subsection (1) is obtained shall order the defendant to forfeit
to the state a sum as provided in subsection (1). If 2 or more
defendants are convicted of the illegal taking, possessing, or
selling of the fish, the forfeiture shall be declared against them
jointly and severally.
(3) If a defendant fails to pay upon conviction the sum
ordered by the court to be forfeited, the court shall require the
defendant to satisfy the forfeiture in the amount prescribed and
fix the manner and time of payment, or make a written order
permitting the defendant to pay the forfeited sums in installments
at the times and in the amounts as the court determines the
defendant is able to pay.
(4) A default in the payment of forfeiture or an installment
of the forfeiture may be collected by any means authorized for the
enforcement of a judgment under chapter 60 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.
(5) All courts collecting forfeitures as provided in this
section shall promptly remit the forfeiture to the county
treasurer, who shall transmit it to the state treasurer to be
credited to the game and fish protection account of the Michigan
conservation and recreation legacy fund.
Sec.
47329. (1) A person desiring a license under this part
shall
submit an application for that license to the department on
oath
when required on a form provided for that purpose by the
department,
accompanied by the fee required under this part. The
application
shall state the name and residence of the applicant,
the
manner in which he or she proposes to fish, the name or number
of
the tug, launch, boat, scow, or skiff, the overall length and
the
gross tonnage of the boat, the value of the boat, the name of
the
port from which the boat will operate, the number and kind of
net
or nets and hooks or other gear which he or she intends to use,
the
value of the buildings and grounds, and such other information
as
may be required for statistical purposes.
(2)
As used in this section, "overall length" means the
minimum
distance between the extreme outside end of the bow and the
stern
considering the nearest whole number of feet. The amount of
the
license fee to be paid shall be based on the overall length of
the
boat or boats, if a boat is used.
(1) Any person licensed under this part that has been
convicted in any combination of 3 separate misdemeanor violations
of this part or any administrative rules, orders, or license
conditions issued by the director under the authority provided in
this part regulating commercial fishing or wholesale fish dealing
that were documented to have occurred in a continuous 365-day
period starting with the date of the first offense and ending with
the date of the third offense must have the license under which the
prosecuted offenses occurred automatically revoked and all
commercial fishing or wholesale fish dealer privileges for that
license must be rescinded for a period of 365 days to commence
within 30 days of the third conviction.
(2) The license of any person convicted of 3 designated
offenses in any combination in a continuous 5-year period must be
automatically revoked an all commercial fishing or wholesale fish
dealer privileges under that license must be rescinded for a period
of 365 days to commence within 30 days of the third conviction.
(3) A revocation under this section prohibits the person from
using all commercially licensed vessels, nets, or other gear listed
on the commercial license that has been revoked. Additionally, any
place of business where the wholesale fish dealer's license has
been revoked under this section is prohibited from buying, selling,
or processing any fish originating within or outside of this state
at the physical location listed on the revoked license. A license
revoked under this section may not be sold or transferred to a
third party while under revocation. The place of the wholesale
business, including the physical store and the processing facility
of the person whose license has been revoked, may not be run or
operated under any other wholesale license during the period of
revocation. The vessels, nets, or other gear listed on a commercial
license under revocation may not be transferred onto or used by any
other commercial fishing license during the period of revocation.
The department shall permanently revoke a person's license if that
person engages in or attempts to engage in any commercial or
wholesale fishing activities under the revoked license during the
365-day period of revocation. If multiple licenses are owned by a
person, the revocation of 1 license does not result in the
revocation of all licenses that are owned. However, any person who
has a license currently in revocation is prohibited from purchasing
an ownership stake in any additional commercial fishing licenses
issued under this part for the duration of the revocation.
(4) The department shall permanently revoke the license of any
person convicted of 5 designated offenses in any combination in a
continuous 7-year period and that person is prohibited from
purchasing a stake in any additional commercial fishing or
wholesale license issued under this part for a period of 7 years.
(5) As used in this section, "designated offense" means a
misdemeanor violation of any of the following offenses:
(a) Taking, selling, offering for sale, or possessing
prohibited fish species.
(b) Fishing or taking fish during the closed season.
(c) Taking or possessing fish in excess of harvest or bycatch
limit.
(d) Taking or possessing roe in excess of lawful limits.
(e) Taking, selling, offering for sale, or possessing fish
under the legal size limit.
(f) Fishing with or taking fish by use of an unlawful device.
(g) Fishing in or taking fish from waters closed to commercial
fishing.
(h) Fishing or taking fish in violation of specific license
provisions.
(i) Selling, purchasing, bartering, or possessing or
controlling for purposes of sale or barter any illegal fish.
(j) Falsifying catch records or required wholesale records.
Sec. 48716. A person shall not take, catch, or kill or attempt
to take, catch, or kill any fish of the species named in this
section in any of the waters over which this state has jurisdiction
except during the following open seasons:
(a) Bluegills and sunfish, no closed season.
(b) Northern pike, pike-perch, and muskellunge from the last
Saturday in April to March 15 in the inland waters. These fish may
be
taken at any time from lake Lake
Macatawa, Ottawa county;
County;
Muskegon lake Lake and
White lake, Lake, Muskegon county;
County;
Spring lake, Lake, Muskegon
and Ottawa counties; Counties;
Pentwater
lake, Lake, Oceana county; County; Pere Marquette lake,
Lake,
Mason county; County; Manistee
lake, Lake, Bar lake Lake at
Arcadia,
and Portage lake, Lake, Manistee county; County; Betsie
lake,
Lake, Benzie county; lake County; Lake Charlevoix and Round
lake,
Lake, Charlevoix county; County; the
Muskegon river River
downstream
from Rogers dam, Dam, Mecosta county; County; and
Lake
Erie and the connecting waters of the Great Lakes. In Lakes
Superior,
Michigan, and Huron, except Saginaw bay, Bay, these fish
may
be taken from May 21 to March 31. In Saginaw bay, Bay, these
fish may be taken from April 11 to March 4. In that part of upper
Lake
Huron known as Whitney bay, Bay,
Pike bay, Bay, Island
harbor,
Harbor,
Les Cheneaux channels, Channels, Potagannissing bay, Bay,
and
certain waters on the south side of Drummond island, all as
described
in sections 47345, 47346, 47348, and 47349, Island, these
fish may be taken from May 1 to March 31.
(c) Brook trout, brown trout, rainbow trout, lake trout,
splake, and landlocked salmon from the last Saturday in April
through the second Sunday in September in the inland waters. The
department shall designate the waters in which, in addition to the
season provided for in this subdivision, any species of trout and
in addition other fish for which the season is open may be taken
with hook and line only during additional open seasons that the
department prescribes.
(d) All species of trout except lake trout from the first
Saturday in April to November 30 in the Great Lakes and connecting
waters not otherwise closed to their taking. There is no closed
season on lake trout in these waters.
(e) Perch, saugers, white bass, rock bass, warmouth bass,
crappies, catfish, bullheads, ciscoes, herring, whitefish, pilot
fish or menominee whitefish, smelt, suckers, mullet, redhorse carp,
buffalo, shad, garfish, dogfish, lawyers, and sheepshead may be
taken at all seasons of the year in waters that are open to
fishing.
(f) Sturgeon during January and February from inland waters;
at any time from waters of the Great Lakes and connecting waters
not otherwise closed to their taking.
Sec. 48724. (1) As used in this section, "fish cleaning
station" means an operation or location used to clean salmon for
sport fishers.
(2) Except as provided in subsection (3)(c), a person shall
not purchase, sell, or otherwise exchange anything of value for raw
or
unprocessed salmon eggs unless the person is licensed pursuant
to
under section 47333 47323 and the sale,
purchase, or exchange of
the raw or unprocessed salmon eggs is made with another person who
is
also licensed pursuant to under
section 47333.47323.
(3) A person who operates or is the agent of an operator of a
fish cleaning station shall not do any of the following:
(a) Accept raw or unprocessed salmon eggs except from whole
salmon, known as salmon in the round, or eggs salvaged from salmon
cleaned at the station.
(b) Operate a fish cleaning station that sells raw or
unprocessed salmon eggs without a current and valid permit issued
by the department.
(c) Buy, barter, or otherwise exchange anything of value for
raw or unprocessed salmon eggs. This subdivision does not prohibit
the operator of a fish cleaning station or his or her agents from
exchanging the service of cleaning salmon in exchange for the eggs
in the salmons' carcasses or from charging a fee for cleaning
salmon.
(d) Buy or sell salmon carcasses taken by a person licensed
under part 435.
(4) A person issued a permit to operate a fish cleaning
station shall comply with all of the following requirements:
(a) Raw or unprocessed salmon eggs may only be collected and
stored at the location of the fish cleaning station specified in
the permit.
(b)
The fish cleaning station shall must
be licensed in
accordance
with the food processing act of 1977, Act No. 328 of the
Public
Acts of 1978, being sections 289.801 to 289.810 of the
Michigan
Compiled Laws, food law, 2000
PA 92, MCL 289.1101 to
289.8111,
and operated in compliance with the Michigan
food law of
1968,
Act No. 39 of the Public Acts of 1968, being sections 289.701
to
289.727 of the Michigan Compiled Laws, food law, 2000 PA 92, MCL
289.1101 to 289.8111, only when the salmon eggs or salmon, or both,
are sold or given to another person for human consumption.
(c)
Disposal of offal and unwanted salmon carcasses shall must
be in a manner approved by the local health department.
(d) A permit holder shall accept from sport fishers all salmon
carcasses that are brought to the station and shall hold and
dispose of them and their offal only in a manner approved by the
local health department.
(e) As a condition of his or her permit, a permit holder whose
fish cleaning station is located on state owned land shall provide
free access to the fish cleaning station facilities to anglers who
wish to use the facilities to clean their own salmon catch.
(5)
This section shall does not be construed to prohibit the
selling or buying of chemically treated salmon eggs in the form of
spawn sacks or spawn bags.
(6) If the department finds that a person is in violation of
this section or a permit issued under this section, the department
may issue an order requiring the person to comply with the permit.
In addition to the penalties provided for in this part, the
department or its agent, the attorney general, or a person may seek
injunctive relief for a violation of this section or a permit
issued under this section.
Enacting section 1. Sections 46101, 46102, 47301a, 47319,
47330 to 47362, 47901 to 47905, and 48901 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.46101,
324.46102, 324.47301a, 324.47319, 324.47330 to 324.47362, 324.47901
to 324.47905, and 324.48901, are repealed.