Bill Text: MI SB0800 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Natural resources; hunting; suspension of hunting, fishing, or trapping rights; provide for under certain circumstances. Amends secs. 41305, 41309, 43559 & 47361 of 1994 PA 451 (MCL 324.41305 et seq.).
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Passed) 2014-12-31 - Assigned Pa 0541'14 With Immediate Effect [SB0800 Detail]
Download: Michigan-2013-SB0800-Engrossed.html
SB-0800, As Passed Senate, June 4, 2014
SUBSTITUTE FOR
SENATE BILL NO. 800
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 41309, 47361, and 48738 (MCL 324.41309,
324.47361, and 324.48738), section 41309 as amended by 2009 PA 52,
section 47361 as added by 1995 PA 57, and section 48738 as amended
by 2003 PA 270.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41309. (1) A person who violates section 41303(2) is
subject to a civil fine of not more than $100.00.
(2) A person who violates section 41303(1), or a condition of
a permit issued under this part, with respect to a restricted
species is subject to a civil fine of not more than $5,000.00. A
person who violates section 41303(1), or a condition of a permit
issued under this part, with respect to a prohibited species is
subject to a civil fine of not more than $10,000.00.
(3) A person who violates section 41303(1) knowing the
possession is unlawful or who willfully or in a grossly negligent
manner violates a condition of a permit issued under this part is
guilty as follows:
(a) For a violation involving a restricted species, the person
is guilty of a misdemeanor and may be imprisoned for not more than
1 year and shall be fined not less than $1,000.00 or more than
$10,000.00.
(b) For a violation involving a prohibited species that is not
an aquatic species, the person is guilty of a felony and may be
imprisoned for not more than 2 years and shall be fined not less
than $2,000.00 or more than $20,000.00.
(c) For a violation involving a prohibited species that is an
aquatic species, the person is guilty of a felony and may be
imprisoned for not more than 3 years and shall be fined not less
than $2,000.00 or more than $100,000.00.
(4) A person who, with intent to damage natural, agricultural,
or silvicultural resources or human health:
(a) Violates section 41303(1) with respect to a restricted
species
or possesses a nonnative aquatic plant, bird, crustacean,
fish,
insect, mammal, or mollusk,
or aquatic plant is guilty of a
felony and may be imprisoned for not more than 2 years and shall be
fined not less than $1,000.00 or more than $250,000.00.
(b) Violates section 41303(1) with respect to a prohibited
species
or possesses a genetically engineered aquatic plant, bird,
crustacean,
fish, insect, mammal, or mollusk,
or aquatic plant is
guilty of a felony and may be imprisoned for not more than 4 years
and shall be fined not less than $2,000.00 or more than
$500,000.00.
(5) A person who sells or offers to sell a restricted species
is subject to a civil fine of not less than $1,000.00 or more than
$10,000.00. A person who sells or offers to sell a prohibited
species is subject to a civil fine of not less than $2,000.00 or
more than $20,000.00.
(6) A person who violates section 41305 is guilty as follows:
(a) For a violation involving a restricted species or a
nonnative
aquatic plant, bird, crustacean, fish, insect, mammal, or
mollusk, or aquatic plant, the person is guilty of a misdemeanor
and may be imprisoned for not more than 6 months and shall be fined
not less than $500.00 or more than $5,000.00.
(b) For a violation involving a prohibited species or a
genetically
engineered aquatic plant, bird, crustacean, fish,
insect,
mammal, or mollusk, or
aquatic plant, the person is guilty
of a misdemeanor and may be imprisoned for not more than 1 year and
shall be fined not less than $1,000.00 or more than $10,000.00.
(7) A person who violates section 41305 with respect to a
restricted
species or nonnative aquatic plant, bird, crustacean,
fish,
insect, mammal, or mollusk,
or aquatic plant and who knows or
should
know has actual or
constructive knowledge of the identity
of
the restricted species or that the organism, whether a restricted
species
or other aquatic plant, bird, crustacean, fish, insect,
mammal,
or mollusk, or aquatic
plant, is nonnative is guilty of a
misdemeanor and may be imprisoned for not more than 1 year and
shall be fined not less than $1,000.00 or more than $10,000.00.
(8) A person who violates section 41305 with respect to a
prohibited species that is not an aquatic species or with respect
to
a genetically engineered aquatic
plant, bird, crustacean, fish,
insect,
mammal, or mollusk, or
aquatic plant and who knows or
should
know has actual or
constructive knowledge of the identity
of
the
prohibited species or that the aquatic plant, bird, crustacean,
fish,
insect, mammal, or mollusk,
or aquatic plant is genetically
engineered, respectively, is guilty of a felony and may be
imprisoned for not more than 2 years and shall be fined not less
than $2,000.00 or more than $20,000.00.
(9) A person who violates section 41305 with respect to a
prohibited species that is an aquatic species and who has actual or
constructive knowledge of the identity of the prohibited species is
guilty of a felony and may be imprisoned for not more than 3 years
and shall be fined not less than $2,000.00 or more than
$100,000.00.
(10) (9)
A person who violates section 41305
knowing the
introduction is unlawful, is guilty as follows:
(a) For a violation involving a restricted species or
nonnative
aquatic plant, bird, crustacean, fish, insect, mammal, or
mollusk, or aquatic plant, the person is guilty of a felony and may
be imprisoned for not more than 2 years and shall be fined not less
than $1,000.00 or more than $250,000.00.
(b) For a violation involving a prohibited species or a
genetically
engineered aquatic plant, bird, crustacean, fish,
insect,
mammal, or mollusk, or
aquatic plant, the person is guilty
of a felony and may be imprisoned for not more than 4 years and
shall be fined not less than $2,000.00 or more than $500,000.00.
(11) (10)
A person who, with intent to damage
natural,
agricultural, or silvicultural resources or human health, violates
section 41305 is guilty as follows:
(a) For a violation involving a restricted species or
nonnative
aquatic plant, bird, crustacean, fish, insect, mammal, or
mollusk, or aquatic plant, the person is guilty of a felony and may
be imprisoned for not more than 3 years and shall be fined not less
than $1,000.00 or more than $500,000.00.
(b) For a violation involving a prohibited species or a
genetically
engineered aquatic plant, bird, crustacean, fish,
insect,
mammal, or mollusk, or
aquatic plant, the person is guilty
of a felony and may be imprisoned for not more than 5 years and
shall be fined not less than $2,000.00 or more than $1,000,000.00.
(12) If a person commits a criminal violation of this part or
a rule promulgated or permit issued under this part or knowingly
commits a violation described in subsection (5) and if the
violation involves a prohibited species that is an aquatic species,
the court shall order that any permit or license issued to the
person under part 473 or 487 be suspended for 1 year, and that the
person is not eligible to be issued any permit or license under
part 473 or 487 for 1 year. If the remaining term of an existing
permit or license under part 473 or 487 is less than 1 year, the
court shall order that the permit or license be revoked and that
the person is not eligible to be issued any permit or license under
part 473 or 487 for 1 year. For a second violation described in
this subsection, the court shall order that any permit or license
issued to the person under part 473 or 487 be revoked and that the
person is permanently ineligible to be issued any permit or license
under part 473 or 487. An order under this subsection is self-
effectuating. The clerk of the court shall send a copy of the order
to the department of natural resources.
(13) (11)
In addition to any other civil or
criminal sanction
imposed under this section, a person who violates this part is
liable for any damages to natural resources resulting from the
violation, including, but not limited to, costs incurred to prevent
or minimize such damages.
(14) (12)
This part does not apply to
activities authorized
under the Michigan aquaculture development act, 1996 PA 199, MCL
286.871 to 286.884.
Sec. 47361. (1) A person who violates sections 47335 to 47360
is guilty of a misdemeanor, punishable by imprisonment for not more
than 30 days, or a fine of not less than $10.00 or more than
$100.00 and costs of prosecution, or both. The license of any
person convicted of 3 violations of this part or other acts or
parts regulating commercial fishing in any 1 license year shall be
automatically revoked and canceled for the balance of the license
year for which issued, and such a revocation prohibits the use of
boats, nets, or other gear by any person during the balance of the
year for which the license was issued.
(2) Subject to subsection (3), if any permit or license under
this part is ordered to be suspended or revoked under section 41309
and if the department maintains a database of suspensions or
revocations of permits or licenses under this part, the department
shall not issue a permit or license under this part to the person
for the period provided in the order.
(3) If a permit or license under this part is ordered to be
suspended under section 41309, the suspension remains in effect
until all of the following occur:
(a) The suspension period set forth in the court order has
elapsed.
(b) The person pays the department a reinstatement fee of
$125.00.
(4) Unless a person's permit or license is otherwise
suspended, revoked, or denied, the permit or license is immediately
reinstated on satisfaction of the requirements of subsection (3).
Sec. 48738. (1) A person who violates this part or rules or
orders issued to implement this part, if a penalty is not otherwise
provided for that violation in this section, is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $500.00, or both.
(2)
A person convicted of using dynamite, nitroglycerin, lime,
electricity,
any other explosive substance, lime, electricity, or
poison for the purpose of taking or killing fish, convicted of
using nets not authorized by law for taking game fish, or convicted
of buying or selling game fish or any parts of game fish is guilty
of a misdemeanor punishable by imprisonment for not more than 90
days or a fine of not less than $250.00 or more than $1,000.00, or
both.
(3) A person who takes or possesses sturgeon in violation of
this part or rules or orders issued to implement this part is
guilty of a misdemeanor and shall be punished by imprisonment for
not less than 30 days or more than 180 days and a fine of not less
than $500.00 or more than $2,000.00, or both, and the costs of
prosecution.
(4) A person who knowingly violates section 48735(2) or (4) or
a permit issued under section 48735(2) or (4) with respect to a
genetically engineered variant of a fish species is guilty of a
felony punishable by imprisonment for not more than 5 years or a
fine of not more than $250,000.00, or both. In addition, the person
is liable for any damages to the natural resources resulting from
the violation, including, but not limited to, costs incurred to
prevent or minimize such damages.
(5) If a person is convicted of a violation of this part or
rules or orders issued to implement this part and it is alleged in
the complaint and proved or admitted at trial or ascertained by the
court at the time of sentencing that the person has been previously
convicted 3 or more times of a violation of this part within the 5
years immediately preceding the last violation of this part, the
person is guilty of a misdemeanor punishable by imprisonment for
not more than 90 days or a fine of not more than $1,000.00, or
both, and the costs of prosecution. This subsection does not apply
to the following violations:
(a)
Failing to possess or display a valid fishing license or
trout
and salmon license issued pursuant
to part 435.
(b) Taking or possessing an overlimit of bluegill, sunfish,
crappie, perch, or nongame fish.
(c) Taking or possessing not more than 5 undersized fish.
(d) Fishing with too many lines.
(e) Failing to attach the person's name and address to tip-ups
or minnow traps.
(f) Fishing with lines not under immediate control.
(6) In addition to the penalties provided in this section, a
fishing license issued to a person sentenced pursuant to subsection
(2), (3), (4), or (5) shall be revoked, and the person shall not be
issued a license during the remainder of the year in which
convicted or during the next 3 succeeding license years.
(7) Subject to subsection (8), if any permit or license under
this part is ordered to be suspended or revoked under section 41309
and if the department maintains a database of suspensions or
revocations of permits or licenses under this part, the department
shall not issue a permit or license under this part to the person
for the period provided in the order.
(8) If a permit or license under this part is ordered to be
suspended under section 41309, the suspension remains in effect
until all of the following occur:
(a) The suspension period set forth in the court order has
elapsed.
(b) The person pays the department a reinstatement fee of
$125.00.
(9) Unless a person's permit or license is otherwise
suspended, revoked, or denied, the permit or license is immediately
reinstated on satisfaction of the requirements of subsection (8).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. 795.
(b) Senate Bill No. 796.
(c) Senate Bill No. 797.
(d) Senate Bill No. 799.
