Bill Text: MI HB5866 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Natural resources; fishing; general amendments to fishing regulations; provide for. Amends secs. 48703, 48703a, 48705, 48710, 48711, 48712, 48721, 48727 & 48735 of 1994 PA 451 (MCL 324.48703 et seq.) & repeals secs. 48704, 48708, 48714, 48715, 48716, 48717, 48718, 48719, 48720, 48725 & 48733 of 1994 PA 451 (MCL 324.48704 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 529'18 With Immediate Effect [HB5866 Detail]
Download: Michigan-2017-HB5866-Engrossed.html
HB-5866, As Passed House, September 5, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5866
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 48703, 48705, 48710, 48711, 48712, 48721, and
48734 (MCL 324.48703, 324.48705, 324.48710, 324.48711, 324.48712,
324.48721, and 324.48734), section 48703 as amended by 2012 PA 471,
sections 48705 and 48710 as amended by 2018 PA 36, sections 48711,
48712, and 48734 as added by 1995 PA 57, and section 48721 as
amended by 2010 PA 30; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
48703. (1) A person An
individual shall not take, catch,
or kill or attempt to take, catch, or kill a fish in the waters of
this state with a grab hook, snag hook, or gaff hook, by the use of
a set or night line or a net or firearm or an explosive substance
or combination of substances that have a tendency to kill or
stupefy fish, or by any other means or device other than a single
line or a single rod and line while held in the hand or under
immediate control, and with a hook or hooks attached, baited with a
natural or artificial bait while being used for still fishing, ice
fishing, casting, or trolling for fish, which is a means of the
fish
taking the bait or hook in the mouth. A person An individual
shall not use more than 3 single lines or 3 single rods and lines,
or a single line and a single rod and line, and shall not attach
more
than 6 hooks on all lines. The department shall have the
authority
to commission may decrease the number of rods per angler.
However,
the department commission shall not reduce the number of
rods per angler to less than 2. For the purposes of this part, a
hook is a single, double, or treble pointed hook. A hook, single,
double, or treble pointed, attached to a manufactured artificial
bait
shall be is counted as 1 hook. The department commission may
designate waters where a treble hook and an artificial bait or lure
having
more than 1 single pointed hook shall must not be used
during
the periods the department commission
designates. In the
Great
Lakes or recognized smelt waters, any numbers of hooks,
attached
to a single line, may be used for the taking of smelt,
alewife,
or other bait fish.
(2)
A person An individual shall not set or use a tip-up or
other similar device for the purpose of taking fish through the ice
unless
the name and address of the person individual owning the
tip-up or other similar device is marked in legible English on the
tip-up or other similar device or securely fastened to it by a
plate or tag.
(3)
The department commission may issue an order to regulate
the taking of fish with a spear, bow and arrow, or crossbow in the
waters of this state.
(4)
The department commission may issue an order to regulate
the taking of fish with nets in the waters of this state.
Sec. 48705. (1) Reptiles, amphibians, mollusks, and
crustaceans may only be taken in a manner and during those times
prescribed by the commission. An individual taking, trapping,
catching, or fishing for reptiles, amphibians, mollusks, or
crustaceans
for their his or her personal use shall have a valid
fishing license issued under part 435.
(2) An individual shall not take, trap, catch, or fish for
reptiles or amphibians for commercial purposes.
(3)
The department may , pursuant to part 13, issue permits
under part 13 to take amphibians and reptiles at any season of the
year for scientific or educational purposes. The department may
revoke a permit issued under this subsection.
Sec. 48710. This part does not prohibit the use of a gaff,
except on or along trout streams, or a landing net to assist in
landing fish already caught by a lawful device. This part does not
apply
to a person an individual engaged in the business of
propagating fish under part 459 or to fish caught by a device for
which a lawful permit or license is obtained from the department
under this part.
Sec.
48711. A person An
individual shall not have in his or
her possession any net, set lines, jack or other artificial light
of any kind, dynamite, giant powder, or other explosive substance
or combination of substances, hook and line, or any other
contrivance or device to be used for the purpose of taking fish in
violation of this part or any other act or part. Any such property,
contrivance,
or device found in the possession of a person an
individual or found in a boat, boathouse, or any other place on any
of the waters of this state or along the shores of the waters of
this
state shall must be confiscated and disposed of in the manner
provided
by law. A person An
individual shall not have a gaff in
his or her possession on or along any trout stream in this state or
use, except from June 1 to Labor Day, on any trout stream a single
hook of any kind that is more than 3/8 inches between the point of
the hook and the shank. This section does not prohibit the use or
possession of minnow seines, minnow traps, or dip nets as provided
in section 48730 or the use and possession of seines, nets, spears,
or artificial lights for the use of which a lawful permit or
license
has been issued by the department. A person may have in his
or
her possession an artificial light of any kind for taking white
bass.
Commercial anglers who have
licenses to take fish in the
Great Lakes may have in their possession nets or hook lines for
that purpose only. In prosecutions for the violations of this
section, and in proceedings for the confiscation of the property
described in this section, the possession of any such property,
contrivance, or device or, when not found in possession of any
person,
individual, the presence of any such property in a boat,
boathouse, or any other place on the waters of this state or along
the shores of the waters of this state is prima facie evidence that
the property is owned, possessed, or used for the purpose of
violating this part. The possession of any such property,
contrivance, or device on the waters of this state that are closed
to all fishing during the closed season on or along those waters is
prima facie evidence that the property is owned, possessed, or used
for the purpose of violating this part. This act or any other act
does not apply to the department in its program in fisheries
management or in the control of aquatic vegetation by individuals
under permit issued by the department when, in the opinion of the
department, that control is not inimical to the public interest.
Sec.
48712. A person An
individual shall not catch any fish or
attempt to catch any fish in any manner in any lake, stream, or
pond or portion of any lake, stream, or pond that is used by the
state or federal government for the propagation of fish, except in
the
portion or portions of the lake, stream, or pond as may be
designated
by the department commission
as open to fishing.
Sec.
48721. (1) The department commission
shall issue an order
under part 411 establishing possession limits of fish consistent
with
this section. A person An
individual shall not possess more
than the daily possession limit or aggregate daily possession
limit, as applicable, of fish at the place where the fish were
taken or in route from that place to either of the following:
(a) His or her automobile or other principal means of land
transportation.
(b) His or her residence or temporary place of lodging.
(2)
In addition to 1 day's possession limit of fish, a person
an individual may possess an additional 2 days' possession limit of
fish that are processed by any of the following methods:
(a) Canning in a sealed container.
(b) Curing by smoking or drying.
(c) Freezing in a solid state.
(3)
A person's An individual's
processed fish aboard a vessel,
on
the water or at dockside, shall be are considered to be in the
person's
individual's possession for the purposes of subsection
(2).
(4)
A person An individual shall not possess a fish illegally
taken.
Sec. 48734. (1) The department may issue permits for the
removal
of dogfish, carp, garfish, sheepshead, and other noxious
fish, except for game fish, from all the waters over which this
state
has jurisdiction with seines, nets, spears, or in any other
manner,
to manage fish and sell or authorize the sale of same for
the
purpose of paying those fish
to pay the expense of the removal
on
terms that are in the best advantage of the this state.
However,
the
department shall be present at the time and place of the taking
and
removal of the fish and a representative of the department
shall
personally superintend the taking and removal.
(2) The department may issue a permit to a person that has
registered a fishing tournament under orders issued by the
commission authorizing that any fish taken under a sport fishing
license, except for game fish, during a registered tournament may
be donated, not for pecuniary profit, to a person. Fish donated
under this subsection are not subject to section 48723 and the
person accepting the donated fish may process, utilize, and sell
any fish or fish product resulting from the donation.
(3) The person taking the fish or accepting the donated fish
must retain a copy of the permit with the fish for transport and
final disposition. The department shall incorporate regulations and
restrictions in the permits as the department considers advisable,
and
any including the authorized
method of take. Any person taking
fish
under such a permit issued
under this section shall conform to
all the regulations and restrictions specified in the permit and
any
reporting standards established by the department. A
nonresident
who operates under a permit issued under this section
shall,
in addition to the percentage paid to the state, be required
to
pay the nonresident license fee as provided for nonresidents
under
the commercial fishing laws of this state.
Enacting section 1. Sections 48704, 48708, 48714, 48715,
48716, 48717, 48718, 48719, 48720, 48725, 48727, and 48733 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.48704, 324.48708, 324.48714, 324.48715, 324.48716,
324.48717, 324.48718, 324.48719, 324.48720, 324.48725, 324.48727,
and 324.48733, are repealed.
