Bill Text: MI HB4790 | 2019-2020 | 100th Legislature | Introduced

Michigan House Bill 4790 (Prior Session Legislation)

Introduced

Bill Title: Natural resources; fishing; commercial fishing statute; update. Amends secs. 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 & 48724 of 1994 PA 451 (MCL 324.47301 et seq.); adds secs. 47304 & 47363 & repeals secs. 46101, 46102, 47301a, 47319, 47330 - 47362, 47901 - 47905 & 48901 of 1994 PA 451 (MCL 324.46101 et seq.).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-07-02 - Bill Electronically Reproduced 07/02/2019 [HB4790 Detail]

Download: Michigan-2019-HB4790-Introduced.html

HOUSE BILL No. 4790

June 26, 2019, Introduced by Reps. Cambensy, LaFave, Markkanen and Chirkun 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 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, 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, 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 and

section 47303 as amended by 2004 PA 587, and by adding sections

47304 and 47363; 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) Intentionally 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.

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 of aquatic species, 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 gill net.

(iii) A hoop net.

(iv) An impoundment net.

(v) A pound net.

(vi) A purse seine net.

(vii) A seine net.

(viii) A trap net.

(ix) 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) "Gill net" means a vertical stationary wall of net in

which fish are caught by entanglement.

(n) "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.

(o) "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.

(p) "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 the fish was imported

from. Illegal fish includes fish that have not been reported or for

which a record has not been created as required by this part.

Species listed as a prohibited transgenic or nonnative organism in

part 413 may not be possessed or sold live and are considered

illegal.

(q) "Impoundment net" means a net designed to capture fish by

deflection and to retain them in a live condition until removed.

(r) "Licensed commercial fisher" means a person that has been

issued a commercial fishing license under section 47304.

(s) "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.

(t) "Overall vessel length" means the minimum distance between

the extreme outside end of the bow and the stern rounded to the

nearest whole foot.

(u) "Person" means an individual, firm, company, partnership,

copartnership, association, or corporation.

(v) "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.

(w) "Processed condition" means the physical form of the fish

and is referred to as dressed, round, fillet, dressed headed, or

roe.

(x) "Purchase" means to buy, acquire, or obtain or attempt to

buy, acquire, or obtain for exchange of value, goods, or services.

(y) "Purse seine net" means a mesh net with floats on both

edges that hangs down vertically in the water and is used to

encircle the fish and enclose those fish when the net's bottom edge

is pulled together.

(z) "Quota" means a yearly allocation to commercial fishing

licenses by the department for fish species listed under section

47310 by a limitation of pounds of fish authorized to be taken.

(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, or harvest any aquatic species or to

attempt to engage in any such activity.

(hh) "Total allowable catch" means the cumulative annual catch

limit for all species listed under section 47310 for the Great

Lakes as established by the department.

(ii) "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.

(jj) "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.

(kk) "Trawl net" means any net that is actively towed through

the water by a vessel in order to capture fish.

(ll) "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.

(mm) "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 30 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.

(nn) "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.

(oo) "Unfishable" means any commercial net, hook, or other

gear that has been rendered inoperable as prescribed by the

department.

(pp) "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.

(qq) "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.

(rr) 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 in the waters of the Great Lakes and the Great

Lakes connecting waters are the property of this state and the

department shall manage those fish based on sound scientific

management through data gathering and analysis. All commercially

taken fish in the waters of the Great Lakes must be taken,

transported, and sold only in accordance with this part. This part

does not apply to sport fishing regulated under part 487. A

licensed commercial fisher that is licensed on December 31, 2019

has the right for their license to be renewed every year after 2019

by the department if the licensed commercial fisher continues to

meet the qualifications set forth in this act and the

qualifications specified in any orders or rules promulgated under

this act regardless of the determination of the number of licenses

to be issued under this act.

(2) The department may do any 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 the licensee must be paid for those fish. 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.

any licensed commercial fisher based on sound scientific management

through data gathering and analysis within each commercial fishing

zone in the Great Lakes.

(3) The department shall not authorize a person licensed under

this part to take fish under any license except as provided under

section 47304.

(4) To provide financial remuneration to the state for lake

trout, walleye, and yellow perch taken for commercial purposes, the

department shall collect from a licensee not more than 5% of the

price received by the licensee for the lake trout, walleye, and

yellow perch. Money received must 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.

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.

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

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 on private land 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 this

state without having first applied for and having been issued a

license for that activity by the department.

(2) The department, based on sound scientific management

through data gathering and analysis within each commercial fishing

zone, shall determine the number of licenses needed to take fish

within each management zone in an economic and profitable manner.

The total number of commercial fishing licenses issued under this

part must not be more than 65.

(3) To obtain a license under this part, a person shall submit

an application to the department on a form provided 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 ports

from which the vessel will operate, and the number and kind of net

or nets and hooks or other gear which he or she intends to use.

(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.

(5) In addition to the requirements of this part, a license

issued by the department may contain provisions based on sound

scientific management through data gathering and analysis that do 1

or more of the following:

(a) Establish the amount of fish to be taken by species and

kind, in accordance with this act.

(b) Designate the management zones and units in which the

licensee is authorized to fish. A licensee may fish water open to

commercial fishing within the zone or zones specified on the

license.

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 or if an emergency mechanical or

weather condition exists, all fish must be landed at a port listed

on the license.

(f) List the authorized vessels to be used. Single or multiple

vessels may be listed on each license and may be added or

subtracted by the licensee upon notification to the department.

(6) All licenses issued by the department under this part

expire on December 31 of the year in which the license is issued.

(7) A person who violates this part is responsible for a state

civil infraction and is subject to the following civil fines:

(a) For a first offense during a license year, not more than

$1,000.00.

(b) For a second offense during a license year, not more than

$5,000.00.

$10,000.00.

(d) For a fourth and all subsequent offenses during the

license year, not more than $20,000.00.

(8) A license described in this section is not transferable to

a person that does not hold a license under this section without

the permission of the department. In determining the qualifications

of any new applicant if 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.

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) For the purpose of establishing rules and orders, 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.

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 the

department determines, after a thorough scientific investigation

involving data gathering and analysis, to be threatened from any

cause or causes with depletion or extermination in the waters of

this 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.~~The department may issue an order prohibiting the taking

of fish with commercial gear in a designated area of the waters of

this state based on sound scientific management of the Great Lakes.

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 shall authorize the use of trawls by licensed

commercial fishers for the purpose of taking fish in the waters of

the Great Lakes.

(3) The department may, by rules or an order, allow the use of

commercial gear types 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, and

manner in which the gear may be used, and the commercial species of

fish that the gear may harvest.

(4) The gear described by a rule or order of the department

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 on board any

commercial vessel or in the waters or on the ice of the Great Lakes

is prohibited.

(5) The department may by order prohibit the use of certain

gear in the waters of this state authorized for commercial fishing.

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 a set hook line in any waters of

this 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. If the licensed commercial fisher has notified the

department that gear has been vandalized or lost, upon it being

located, the licensed commercial fisher has no more than 14 days

after that notification 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 this state for the value of the dead fish

found in that gear in accordance with and at amounts established by

this part.

(5) A licensed commercial fisher that is convicted of having

abandoned, unattended, unreported lost, or unreported vandalized

gear shall reimburse this 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 and may be taken from the waters of the Great Lakes open to

commercial fishing:

(a) Lake whitefish (Coregonus clupeaformis).

(b) Round whitefish (Prosopium cylindraceum).

(d) Cisco (Coregonus artedi).

(e) Rainbow smelt (Osmerus mordax).

(f) 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).

(g) Freshwater drum (Aplodinotus grunniens).

(h) Burbot (Lota lota).

(i) Gizzard shad (Dorosoma cepedianum).

(j) Common carp (Cyprinus carpio).

(k) 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).

(l) White perch (Morone americana).

(m) White bass (Morone chrysops).

(n) Black crappie (Pomoxis nigromaculatus) and white crappie

(Pomoxis annularis).

(o) Rock bass (Ambloplites rupestris).

(p) Yellow perch (Perca flavescens).

(q) Lake trout (Salvelinus namaycush).

(r) Small mouth bass (Micropterus dolomieu).

(s) Sunfish (Lepomis).

(t) Walleye (Sander vitreus).

(u) Alewife (Alosa pseudoharengus).

(2) The department shall establish quotas based on sound

scientific estimates of fish populations through data gathering and

analysis within each commercial fishing zone open to commercial

fishing that allow for profitable commercial fishing enterprise and

sustainable future populations. A licensed commercial fisher 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.

(3) The department shall do all of the following:

(a) By October 1, request that each licensed commercial fisher

provide input to the department for quota amounts for the following

year.

(b) Inform each licensed commercial fisher in writing of their

proposed quota for the following year by November 1.

proposed quota to the chairs of the house and senate natural

resources committees and the governor.

(d) Send notification to the senators and representatives who

represent a district in which there are ports where licensed

commercial fishers operate of the quota of each licensed commercial

fisher that operates in that district.

(e) Except as provided in subdivision (f), establish a quota

for fish species described under section 47302(4). The quota must

not be less than 10% or more than 20% of the total allowable catch

for the year. This quota does not apply to commercial fishing

operations in Saginaw Bay.

(f) Establish a quota in Saginaw Bay for fish species

described under section 47302(4) that does not include yellow

perch. The quota must not be less than 20% or more than 30% of the

total allowable catch for the year for walleye, and must not be

less than 10% or more than 20% of the total allowable catch for the

year for all other species.

(g) Allow for a licensee to take quota from any vessel listed

under section 47304(5)(f).

(4) The department may issue an order 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

department. All harvested fish must be landed at a port by no later

than 2 p.m. on the date the season closes.

(5) 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.

(6) 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.

(7) A person shall not sell or offer for sale at any time fish

not listed in subsection (1) when the fish was taken under a

commercial fishing license issued by this 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.

(8) A person shall not sell or offer for sale any fish not

listed in subsection (1).

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, transport, or offer for sale

at any time any fish species of a size or weight prohibited by the

director. The department shall allow a licensed commercial fisher

to possess undersized fish equal to 5% of that licensed commercial

fisher's quota. A person that retains twice the amount of the

allowable possession limit or more for undersized commercial fish

species under this subsection is guilty of a misdemeanor punishable

as provided in sections 47327 and 47328. 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) For a first offense during a license year, $1,000.00.

(b) For a second offense during a license year, $2,000.00.

year, $3,000.00.

(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 take, sell, or offer for sale any

illegal fish.

(4) 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 the fish were 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 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 hook lines must immediately

be returned to the water with as little injury as possible by the

person lifting the set hook lines.

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. The 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 ports 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

licensed commercial fisher's ports or tribal licensed fisher's

ports 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 consignor.

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 a 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 species described

in section 47302(4) in the waters of the Great Lakes shall keep an

accurate record of each day's catch and report all of the following

to the department:

(a) Every week, the estimated number of pounds of fish taken

and the estimated market price for all fish sold.

(b) Every month, all of the following:

(i) The number of pounds of fish taken.

(ii) To whom the fish were sold.

(iii) The market price for all fish sold.

(2) A licensed commercial fisher taking fish species not

described in section 47302(4) shall keep an accurate record of each

day's catch and report an estimated number of pounds of fish taken

weekly to the department and the number of pounds taken within 30

days after catching the fish to the department.

(3) 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.

(4) The director shall establish an electronic format and

schedule that the required commercial catch records and annual

inventory record under subsections (1), (2), and (3) are to be

submitted to the department.

(5) A person shall not falsify any information contained in

the required commercial catch records or annual inventory record

described in this section.

(6) A person shall submit that person's commercial catch

records and annual inventory record electronically. A person who

fails to submit a record required under this section is responsible

for a state civil infraction and is subject to 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.

(7) The license of any person who fails to submit 2 or more

consecutive records required under this section, and that has been

cited by the department more than 2 times in a 1-year period, 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 a report required by 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.~~If a

person submits an application under section 47304, the department

shall issue the license provided for in this part on 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.~~

~~(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.~~On

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.

(b) In case of sale, transfer the license to the new owner or

owners.

otherwise, for which a license has been issued, transfer the

license to any similar vessel to which the licensee may acquire

title.

(d) Transfer a 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 under this part. On the first day

of each month, the department shall forward to the state treasurer

all money received by the department under this part, and the

treasurer shall credit the money to the game and fish protection

account established in section 2010.

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 licensed commercial fisher, tribal licensed commercial

fisher, or other legal source of fish.

(4) A 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 exempt from

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 civil 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 more than 2 times in a 1-year period, 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 department shall deny a new license

or renewal of a license to a person that fails to submit a record

required under this section until that 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) 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 without the required record or

inventory.

(11) 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 4 years from the date that the record or

inventory was created.

(12) 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.

(13) 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 of a wholesale fish dealer, and

buildings, structures, vehicles, boats, equipment, and materials

related to a wholesale fish dealer's business.

(14) 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.

(15) A conservation officer or other peace officer designated

by the director is authorized during any time when business is

being conducted on the wholesale fish dealer's 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 of a wholesale fish dealer,

and inspect buildings, structures, vehicles, vessels, equipment,

and materials related to a wholesale fish dealer's business.

(16) 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.

(17) A court shall order that a person convicted of violating

subsection (14), (15), or (16) 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.

(18) 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 or a

restaurant, bar, club, or organization serving fish taken from the

waters of this state by a licensed commercial fisher 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 prohibited 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 or selling

of fish under this part shall reimburse this state for the value of

the fish as follows:

(a) For each fish not listed under section 47310, 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 lake sturgeon, $1,500.00 for each fish illegally taken

or possessed.

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 this state a sum as provided in subsection (1). If 2 or more

defendants are convicted of the illegal taking or selling of the

fish, the forfeiture must 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 established in

section 2010.

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) The department shall permanently revoke the license of any

person convicted of 5 designated offenses in any combination in a

continuous 5-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 5 years.

(2) As used in this section, "designated offense" means a

misdemeanor violation of any of the following offenses:

(a) Taking, selling, or offering for sale prohibited fish

species.

(b) Fishing or taking fish during the closed season.

fishing.

(d) Taking, selling, or offering for sale more than twice the

amount of the allowable possession limit for undersized commercial

fish species.

(e) Falsifying catch records or required wholesale records.

Sec. 47363. The following commercial fishing rules within the

Michigan Administrative Code are rescinded:

(a) R 299.1071 to R 299.1079.

(b) R 299.702 to R 299.705.

(d) R 299.731.

(e) R 299.751.

(f) R 299.761.

(g) R 299.771.

(h) R 299.781.

(i) R 299.782.

(j) R 299.791.

(k) R 299.801.

(l) R 299.813.

(m) R 299.815.

(n) R 299.817.

(o) R 299.822.

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.

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.

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.

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Bill Text: MI HB4790 | 2019-2020 | 100th Legislature | Introduced

Michigan House Bill 4790 (Prior Session Legislation)

HOUSE BILL No. 4790

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