Bill Text: MI HB5883 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Natural resources; fishing; netting of fish; allow department of natural resources to issue order. Amends sec. 48703 of 1994 PA 451 (MCL 324.48703).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 471'12 With Immediate Effect 2012 Addenda [HB5883 Detail]
Download: Michigan-2011-HB5883-Engrossed.html
HB-5883, As Passed House, December 5, 2012
HOUSE BILL No. 5883
September 12, 2012, Introduced by Rep. Johnson and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 48703 (MCL 324.48703), as amended by 2012 PA
245.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 48703. (1) A person 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 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 decrease the
number of rods per angler. However, the department 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 counted as 1 hook. The department may
designate waters where a treble hook and an artificial bait or lure
having more than 1 single pointed hook shall not be used during the
periods the department 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 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 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 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)
A hand net may be used from March 1 to May 31 for taking
smelt,
suckers, mullet, carp, dogfish, and garpike. The department
may
designate the waters where the fish may be taken and the time
within
the dates when the fish may be taken.The department may
issue an order to regulate the taking of fish with nets in the
waters of this state.
(5)
A dip net without sides or walls and not exceeding 9 feet
square
may be used in the nontrout rivers and streams and in other
rivers
and streams or portions of the rivers and streams designated
by
the department from April 1 to May 31 in the Lower Peninsula and
during
the month of May in the Upper Peninsula for the purpose of
taking
suckers, mullet, smelt, carp, dogfish, and garpike.
(6)
A person desiring to fish with a dip net shall first
obtain
a permit from the department. A dip net shall not be erected
or
fished within 100 feet of a dam. The name and address of the
person
setting, using, or having control over the dip net
equipment,
including frame, boom, supporting members, and temporary
buildings,
shall be plainly marked in legible English on the dip
net
equipment or securely fastened to it by a plate or tag. Dip net
equipment
and a temporary building erected and used under this
subsection
that are located on public land or the land of another
person
shall be removed before June 10 of each year unless
maintained
with proper permission of the landowner. This subsection
does
not authorize the erection or fishing of a dip net on the land
or
premises of another person without proper permission from the
landowner.
(7)
A setover net not exceeding 5 feet in diameter may be used
from
March 15 to May 15 for the purpose of taking suckers from an
inland
lake designated by the department.
(8)
A trammel net not exceeding 12 feet in length may be used
from
April 1 to May 31 for taking carp, suckers, redhorse, mullet,
dogfish,
and other nongame fish in the Tittabawassee river and its
tributaries
down from the dam at Sanford, down from the dam at St.
Louis,
and down from the dam at Mt. Pleasant, and in the Shiawassee
river
and its tributaries down from the dam at Chesaning in Saginaw
county.
A person shall not take more than 100 of these fish in 1
day.
(9)
A hoop net may be used between the dates of December 15
and
February 28 in the river or stream or portion of a river or
stream
designated by the department for the taking of burbot
(lawyers).