Bill Text: MI HB4018 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Natural resources; fishing; illegal taking of sturgeon; revise penalty for. Amends sec. 48738 of 1994 PA 451 (MCL 324.48738).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-06-18 - Referred To Second Reading [HB4018 Detail]

Download: Michigan-2019-HB4018-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4018

 

 

January 9, 2019, Introduced by Rep. Allor and referred to the Committee on Natural Resources and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 48738 (MCL 324.48738), as amended by 2014 PA

 

541.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 48738. (1) A person An individual who violates this part

 

or rules or orders issued to implement this part, if a penalty is

 

not otherwise provided for that violation in this section, is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 90 days or a fine of not more than $500.00, or both.

 

     (2) A person An individual convicted of using dynamite,

 

nitroglycerin, any other explosive substance, lime, electricity, or

 

poison for the purpose of taking or killing fish, convicted of

 


using nets not authorized by law for taking game fish, or convicted

 

of buying or selling game fish or any parts of game fish is guilty

 

of a misdemeanor punishable by imprisonment for not more than 90

 

days or a fine of not less than $250.00 or more than $1,000.00, or

 

both.

 

     (3) A person An individual who takes or possesses sturgeon in

 

violation of this part or rules or orders issued to implement this

 

part is guilty of a misdemeanor and shall be punished by

 

imprisonment for not less than 30 days or more than 180 days and a

 

fine of not less than $500.00 or more than $2,000.00, or both,

 

$5,000.00, and the costs of prosecution.

 

     (4) A person An individual who knowingly violates section

 

48735(2) or (4) or a permit issued under section 48735(2) or (4)

 

with respect to a genetically engineered variant of a fish species

 

is guilty of a felony punishable by imprisonment for not more than

 

5 years or a fine of not more than $250,000.00, or both. In

 

addition, the person individual is liable for any damages to the

 

natural resources resulting from the violation, including, but not

 

limited to, costs incurred to prevent or minimize such damages.

 

     (5) If a person an individual is convicted of a violation of

 

this part or rules or orders issued to implement this part and it

 

is alleged in the complaint and proved or admitted at trial or

 

ascertained by the court at the time of sentencing that the person

 

individual has been previously convicted 3 or more times of a

 

violation of this part within the 5 years immediately preceding the

 

last violation of this part, the person individual is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or


a fine of not more than $1,000.00, or both, and the costs of

 

prosecution. This subsection does not apply to the following

 

violations:

 

     (a) Failing to possess or display a valid fishing license

 

issued pursuant to under part 435.

 

     (b) Taking or possessing an overlimit of bluegill, sunfish,

 

crappie, perch, or nongame fish.

 

     (c) Taking or possessing not more than 5 undersized fish.

 

     (d) Fishing with too many lines.

 

     (e) Failing to attach the person's individual's name and

 

address to tip-ups or minnow traps.

 

     (f) Fishing with lines not under immediate control.

 

     (6) In addition to the penalties provided in this section, a

 

fishing license issued to a person an individual sentenced pursuant

 

to under subsection (2), (3), (4), or (5) shall must be revoked,

 

and the person shall individual must not be issued a license during

 

the remainder of the year in which convicted or during the next 3

 

succeeding license years.

 

     (7) Subject to subsection (8), if any permit or license under

 

this part is ordered to be suspended or revoked under section 41309

 

and if the department maintains a database of suspensions or

 

revocations of permits or licenses under this part, the department

 

shall not issue a permit or license under this part to the person

 

individual for the period provided in the order.

 

     (8) If a permit or license under this part is ordered to be

 

suspended under section 41309, the suspension remains in effect

 

until all of the following occur:


     (a) The suspension period set forth in the court order has

 

elapsed.

 

     (b) The person individual pays the department a reinstatement

 

fee of $125.00.

 

     (9) Unless a person's an individual's permit or license is

 

otherwise suspended, revoked, or denied, the permit or license is

 

immediately reinstated on satisfaction of the requirements of

 

subsection (8).

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