HOUSE BILL NO. 4569

May 07, 2019, Introduced by Rep. Lilly and referred to the Committee on Natural Resources and Outdoor Recreation.

"Natural resources and environmental protection act,"

by amending sections 47318, 47320, 47321, 47322, 47323, 47324, 47325, 47326, 47327, 47328, 47329, and 48724 (MCL 324.47318, 324.47320, 324.47321, 324.47322, 324.47323, 324.47324, 324.47325, 324.47326, 324.47327, 324.47328, 324.47329, and 324.48724), as added by 1995 PA 57; and to repeal acts and parts of acts.

the people of the state of michigan enact:

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 the 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 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 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 2019 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 2019 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.

(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 that 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 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 2019 through 2020, $100.00.

(b) In 2021 through 2030, $110.00.

(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 submits 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 the person is in compliance with this part.

(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 of at least 1 inch in height.

(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.

(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 after 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 and 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 after 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 license 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.

(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. 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, 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.

(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.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 4567 (request no. 01328'19 *).

(b) Senate Bill No.____ or House Bill No. 4568 (request no. 02654'19).